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521758 SUMMIT SEALANTS INC - CONTRACT - BID - 7674 PARKING GARAGE REPAIRS & WATERPROOFING
City of •F6rt Collins Purchasing E 0 SPECIFICATIONS AND Financial Services Purchasing Division 215 R. Mason St. 2 " Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purcha.sing CONTRACT DOCUMENTS - PARKING GARAGES REPAIRS & WATERPROOFING BID NO. 7674 PURCHASING DIVISION 216 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS AUGUST 11, 2014 - 3:00 P.M. (OUR CLOCK) responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a . partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by -each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 0 1.20. Geriertrl Requirements -Sections of Division 1 of the Specifications. 1.21. Hazardonu Waste —The term Hanudous Waste shall have the meaning provided in Section 1004 of the Solid WasteDisposal Act (42 USC Section 6903) as amended. from time to time. 1.22.a. Laws and Regulations; Lana or Regularons--Any .and all applicable laws, miles, regulations, ordinances, codes and orders of any and all governmental bodies,. agencies, authorities and courts having jurisdiction 122.6. Legal 11olickinw--shall be those holidays observed by the CiN of Fort Collins. 1.23, Liens -Liens, charges, security interests or encumbrances upon real property or porsonal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an imen nediate completion dale or time prior to Substantial Completion of all the Work. 1,25. Notice ofAward—A written notice by OWNRR to the apparem successful bidder stating that upon compliance by the apparent sucesssful bidder with the conditions ,precedent enumerated therein, within the time specified,. OWNER will sign and deliver the Agreement. 1.26, Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fudng the date on which tlx Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27, ORNLR—The public body or authority, corporation, associatia, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28, Partial Utilization —Use by OWNER of a substantially completed part of the Work for the purpose fa which it. is intended (or a related purpose) prior to . Substantial Completion of all the Work. 1.29. PCBs—Polychlorimtedbiphenyls. 1.30. Petroleum --Petroleum. including crude oil or any fraction thereof which is liquid at standard conditions of lcmperature and pressure (60 degrees Fahrcnhcit and 14.7 pounds psi square inch absolute), such es oil, petroleum, fuel oii, oil sludge, oil refuse. gasoline , kerosene and oil mixed with other anti-Flazmdous Wastes and crude oils 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Docuncrim 132.a. Radioactive dlaterial—Sauce, special nuclear, or byproduct material as defined by the Atomic Energy Act of EXVC 084E L CONDTIOM 1910-9(19" Edition) wi CITY OF F'OAT omu NS monxiCATIONS (RLV 4R000) 1954 (42.USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular R'ondne Hours —Regular working hours are defined as 7:00am to 6DOpn unless otherwise Specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assibmed to the site or any pert thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of somc palion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings —All drawings; diagrams, illustrations, schedules and other data or mlionnelion which we specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate someporiion of the Work. 1.36. Specifications —Thou portions of the Contract Documents consisting of written technical descriptions of materials, equipment; construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm orcorporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (a a specified port thereo has progressed to the point where. in the opnian o� ENGINEER as evidenced by ENGINEER's definitive certiLate of Substantial Completion. it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued when the Work is complete and ready for final payment as evidenced .by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete' and *substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The port of the Commcl Documents which amends or supplements these General Conditions. 1.40. Suppher—A manufacturer, fabricator, supplier, distributor, mataialman or vends having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilrt(es�All pipelines, conduits, ducts, cablm wires, manholes, vaults, tanks, tunnels or cxher such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or 0 0 r1L • 0 materials: electricity, gases, steam, liquid petroleum .products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. [Adt Price Work -Work to be paid for on the basis of unit prices. 1.43: Wod. -The erase completed construction or the various separately identifiableparts thereofrequiredto be furnisheru'rder the Contract Documents. Wok includes and is the result of performing or furnishing labor and furnishing and men ting materials and equipment into the conttnicbon, andperfa ming or furnishing services and furnishing documents, all as 'required by the Contract Documents. 1.44. lVork Clu ige Directive -A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement andsigned by OWNER and recommended by ENGINEER, ordering an addition deletion or revision in .the Work,. or rc4mcling to differing or unforeseen physical conditions under which the Work is to be Performed as provided in pamgmph4.2 or 4.3 or to =agencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract -Times, but is evidence that the parties c.�pcct that the changedirected or documented by o Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if uny, on the Contract Price or Contract Times as .provided in paragraph 10.2. 1.45. IVnBen. Amenrbnent-.4 writtenamendment of the Contract Documents, signed by .OWNER and CONTRACTOR on,or otter.the Effective .Date of the Agreement and normally dealing with the noncrmgincering or nomechnical rather than, strictly constiuction-related aspects of the Contract Documents: ARTICLE 2-PRELIMINARY MATTERS Delivery ofBondr: 2.1. When CONTRACTOR delivers the executed Agreements. to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Docrmentr 2.2. OWNER shall furnish to CONTRACTOR up. to ten copies (unless otherwise spScified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished. upon request, at the cost of reproduction Commencement of Contract Times; Notice to Proceed 2.3. The Contract Times will conmcn a to non on the thirtieth day after the Effective Date of the Agreement, or, EJCDCOENERAL COMMONS 1910.9 (199a Edam) w ciry OF FORT CULIJIS MODIFICATIONS f N4/l000) if a Notice to Proceed is given, on the'day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time w�than thirty days after the Ellecive Date of the Agreement r_ s ...:n a._ n,_.-.,_, T:� ef-Brdapmingor-tticthirriethday-a&Hhe-IiF1'mtive-Rafe ofthe-Agreement; w}dehzverelete-iaearFier, Starting the Work 2.4 CONTRACTOR shall start to. perform the Work on the date when the Contract Times commerce to ran, but no Workshall be done at the site prior to the date on which the Contract Times commence to run Before Starting Construction: 2.5. Before undcroking each part of the 'Work, CONTRACTOR- shall cerchilly study and compare the Contract Documents and check, and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall piomptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with an Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error.. ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ... ENGINEER for review: 2.6.1. ;a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. -a preliminary schedule of Shop Drawing and Sample submittals -which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Wok which will include quantities and prices of items aggregating the Contract Rice and will subdivide the Work into conponem pans in Sufficieirl detail to serve as the basis for progress payments durag eonstrocian Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR tied-OWNBR shall eeeh deliver to the other OWNE with copies to each -edd"ieae4-ins-Fed *dem fled in the Supplementary Go itiore ENGINEER certificates of insurance (and other evidence of insurance Fertues rcauested by OWNERI which CONTis required to purchase and maintain in accordance with paragraphs 5.4,r5.bsnd S7. Preconstruction Conference.,. 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is starter( a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in pamgmph2.6, procedures for handling Shop Drawings and other submittals processing Applications for payment and maintaining required records, Iniriagr Acceptable Schedules 2.9. Unless otherwise provided in the a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated by OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within airy specified Milestones and the Contract Tines, but such acceptance will neither impose on ENGINEER responsibility for the segqnearing. scheduling or progress of the Work nor Interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Samplesubmissions will be acceptable to ENGINEER as -providing a workable arrangement for reviewiro and - processing the required submittals CONTRACTOR's schedule of values will be acceptable in ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents we complementary: what is called for by one is as birching as if called for by all. The Contract. Documents will be construed in accordance with the law of the place. of the Project. 3.2. It is the intent of the Contract Documents to E)CDCODMUL CONDITIONS 191"0MEdtiam) a1CITY OF FORTCOW M MODIFICATIONS (REV 4Ra0a) describe a functionally complete project (or part_ thereat) to be constructed it accordance with the Contract Documents Any Work, materials or equipment that may reesormebly be inferred from the Contract Documents or from prevailing custom or trade usage as being required to producethe intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work; materials or equipment; such words or phrass shall be interpreted to accordance with that meaning. Clarifications and inlerytetatiom of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to SYandarrls and Specifications of Technical Societies, Reporting and Retwhing Discrepancies: 3.3.1. Reference to standards, specifmmtions, manuals a codes of any technical society, organitation a association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Dam of the Agreement if there were no Bids), except as may be otherwise specifically 33.2. IC during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the .Contract Documents or between the Contract Documents and any provision of any such -Law or Regulation applicable to the perlmnance of the Work or of any such standard, specification, manual in code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shell report it to ENGINEER in writing at ones, and, CONTRACTOR shag not proceed with the Work affected thereby (accept in an emergency as authorimd by paragraph 6.23) unfit an amendment or supplement to the Contract Documents has been issued by one of the methods indicant in pamgraph3.5 or 3.6; provided,_ however. that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict. error, ambiguity in discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in pamgaph3.5 or 3.6. the provisions of the Contract Documents shalt take precedence in resolving any conflict, error,ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or is 0 r] 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an _interpretation of the provisions of the Comracl Documents would result. in violation of such Law a Regulation). vision or any such standard, specification, manual, r instruction shall be effective to grange the duties spmnsibilities of OWNER CONTRACTOR or JEER, or any of their subcontractors, consultants, or employees from thou set forth.in the Contract cents, nor shall it be effective to assign to OWNER, 1EF.R or any ofF.NGiNF.ER's Consultants,agents or em any duty or authority to supervise or.directthe ing or performance of the Work or any duty or ty to undertake responsibility inconsistent with the arts of paraRmph 9.13 or any other provision of the 3A. Whenever in the Contract Documents the terms "as mdcrcd",."as directed", "as required", "as allowed", "as approved' or iams of like effect or import am used or the adjectives "reasonable', "suitable'. "acceptable", "proper" • of *mt'sfaclory" or adjectives of like effect or import we used to describe a requuemenL direction review, a judgment of ENGINEER as to the Wreck, it is intended that such requirement, direction, review or judgment will be solely. to evaluate; in:generl, -the completed Work for compliance with the requirements of and information in the a . concept of the completed Project as a functioning whole as shown or inldicmed in the Contract Documents (unless there is a specific statement indicating otherwise). The user of any such term or adjective shall no be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to. undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Doarments. Amenrb'ng and SLpplemenring Cannot Documenis: 3.3. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formed WrittenAmendment. 3.5.2. a Change Order (pursuant to paragraph 10.4), or VCDCOENERAL CONINTIONS 191"(1990 Edtim) wf diy or FORTCOLUM MODIFICATIONS (REV 412000) 0 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition the :requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may he authorized, in erne or more of the following ways: 3.6:. A Field Order (pursuant to paragraph 9.5), 3.6:2. ENGINEER's approval of a Shop'Drawing or Semple (pursuant to, paragraphs 6.26 and 6,27), or 3.6.3. ENGINEER's written interpretation a claritkntim (pur main: to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organiatim po foriing or furrvsharg _any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights ' any of the Drawings, Specifications or other dauments (or copies of any thereof) prepared by or hearing the =1 of ENGINEER or FNGTNEER's Consultant, and (ii1 shall not reuse any of 'such Drawings, Specifications, o9cr documents or copies on cstensiom:of the Project or any other projeci without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER - ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE .AND PHYSICAL. CONDITIONS; REFERENCE POINTS ArailabiGty ofL its: 4.1. OWNER shall fumish as indicated in the Contract Documents, the lands upon which the Work is to be performed rights -of -way and easements for access E inec men raentu)• any ercumorences or restrictions genmil application but specifically related to use of so fumishcd with which CONTRACTOR will have or facilities will be obtained and paid for by OWNER, urd= otherwise provided in the Contract Documents. If CONTRACTOR and OWNER we unable to. agree on entitlement to or the amount or extent of any adjustments in the Contracl. Price or the Contract Timer as a result of any delay in:'OWNER's famishing these lands, n eaghtsof- way a easements; CONTRACTOR may make a claim therefor as provided in Articles 11 and12. 5 CONTRACTOR shall provide for oil additional lands and access thereto that may be required far temporary construction facilities or storage of materials and equipment. 41 Subsurface and Physical Conditions. 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of., 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contigguua'sto the site that have been udlimd by INGINEER in preparing the Contract Documents; and 4.2.1.2. Plrooical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4 22. Limited Reliance by CONTRACTOR Anuhotized' T'echmeat Data: CONTRACTOR may rely upon the general accuracy of the "technical dam" contained in such reports arid dmwings, but such reports and drawings, are not Contract Doaimenm Such 'technical dam' is identified in the Supplementary Conditions. Except for such reliance on such "technical dam";.CONTRACTOR may not rely upon or make any claim, against OWNER, ENGINEER or any of hNGINHER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings far CONTRACTOR's, purposes, including, but not limited t% any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR aril safety precautions and programs incident thereto, a 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or myy such data. interpretations, opinions or rnformatran 4.2.3. Notice of Differing Subsurface or Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data' on which CONTRACTOR is emitted to rely Its provided in paragraphs 4.2.1 and 4.2.2 is materially inseminate. or 4.2.3.2. is of such a mature as to require a change in the Contract Doeumcnts, or 4.2.3.3. differs materially f ran that shown or EICDCOEI5RAL CONDITIONS 191" (1990 E61xn) w/ CITY OF FORT COLLINS MODIFICATIONS MV 4r1000) indicated in the Contract Documents; or 4.2.3.4. is of an unusual miturc, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided far in the Contract Docung MIS: then CONTRACTOR shall, promptly immediately after becoming aware thereof .and before further disturbing conditions allected thereby or performing any Work in connection therewith (except in an emergency as permitted by pragraph 6.23� notify, OWNER and ENGRvtEER in writing about such condition. CONTRACTOR shall not further disturb such.conditios or perfomr any Work in connection therewith (except as aforesaid) until receipt of written order to do w. 4.2.4. ENGINEER's Review: INGINEER will promptly review the pertinent conditions, determine the necessity of OWNER'S obtaining additional exploration or tests with respect thereto and advise OWNF,R in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions. 4.2,5. Possible Contract Doctimeniv Change: If MGINEFR concludes that a change in the Contract Documents is required as a result of condition that meets one or more of the categories in paragraph 4.2.3, a Wok Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Dimes A,#u* anus: An equitable adjustment in the Contract Price ar in the Contract Times, or both, will be allowed to the extent that the tx'stence of such uncovered or revealed condition causes an increase a decrease in CONTRACTOR'S cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any me or more of the categories described —in paragraphs 4.2.3.1 through 4.2.3A, inclusive; 4.2.6.2. a change in the ContractDocuments pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition pre drat to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject .to the provisions of paragrapls 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be enarllcd to any adjustment in the Contract. Price or Times if; 4,2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Cataract Price and Contract Times by the • 0 n U • submission of a bid or becoming bound under a negotiated comiectyor 14.2. the existence.. of itimt could reas"bly hav ivered or revealed as a result nnaticn, investigation, expl or study of the site and cot to 4.2.6.4.3. CONI'RACCOR failed to. give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of my such. equitable adjustment in the Contract Price or Contract Times,'a claim may be made therefor as .provided in .Articles l t and 12. However,.OWNEK ENGINEER and ENGINEERS Consultants shall not be liable to CONTRACTOR for any claims; costs, losses or damages sustained by CONTRACTOR on or in connection with any other projector anticipated priijecr 43. Physicat Conditions —Underground FaeiGties: 4.3.1. Shovm ortnm'cate& The information and data shown or indicated in the Contract Docurnentswith respa+t to existing Underground Facilities at in contiguous to the site. is based on information arid data furnishcdm OWNERor ENGINEER by the owners of such Underground Facilities or by others. Unlessit is otherwise expressly provided in the Supplementary :Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy a completeness of any such information or dada; and 43.1.2. The cost of all of the following will be included in the Ccvtttad Price and CONTRACTOR shall have,full responsibility for. (i) reviewing and checking all such information and data, (b) locating all Underground Facilities shown or indicated in the Contract Documents,(iu) coordination of the Work with the owners,of sudn Underground Facilities during constmetion, and, (iv)the safely and protection of all such Underground Facilities m provided in paragrsph6,20 and repairing arry damage thereto resulting from the Work. 4.3.2. Not Shmin or Indicated: If an Underground Facility is uricovered of revealed at or contiguous to the site which was not shown or indicated in the Contract Ibcu ucnts, CONTRACTOR shall, promppttly immediately after -becoming aware thereof and beTore further disturbing conditions affected thereby or Performing any Work in connection therewith (except in an emergency as required by paregraph6.23). identify the owner of such Underground Facility and ER;DCUENEkAL COMITiOIS 191H (1990 Edtim) cat CITY OF FORT WLI114S MODIFICATIONS (REV A2000) give written notice to that owner and to OWNER and .ENOINEER ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Docurents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Chance Order will be issued asprovided in Article 10 Facility as provided in pomgraph 6.20. CONTRACTOR r may beallowed an increase m the Contract Price or an extension of the Contract Times, or Both, to the axtent that they arc_ attributable and that CONTRACTOR did not know of andcould not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such ad'usmncm in Contract Price or Contract'1'anes, CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGiNEER's Corisultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by. CONTRACTOR on or in connection with any other pmject or anticipated pmjcct.� Reference Pointer 4.4. OWNER shall provide cngincerng surveys to establish reference points, for construction which in GNGIN6ER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR. shall be responsible for laybg out the Work, shall protect and preserve the established reference points and shall make no changes or reloemionss without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever my reference porn is last or destroyed or requires relocation because of necessary changes in gradm,or locations, and shall be respomible_for the accurme replacement or relocation of inch reference points by 'professionally qualified personnel 4.5. Asbestos, PCBs, Petroleum; Hazardous Wade or Radioadive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCB; Petroleum, Rxemilous Waste or Radioactive Material uncovered or revealed at the site which was net shown or indicated in Dmwvigs or Specifications or identified in the Contract Documents to be within the scope of the Work and which may. present a. substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall net be responsible for any such materials brought to the site by CONTRACTOR; SubeonrmctoM Suppliers or anyone else fir whom CONTRACTOR is resporisibla f aft CONTRAGEOR-dot-not-Wg to-resu mch-work, ngreaasiomlitleman�teer-the�nmount�e><tertEof-nn. e.e oithar-pnrty-any-make-a�clnimtherafor-es-lsovided�in a.. portion-o€-tha-Work—Ixrl'ormed-by-OIIrNER's-own {or�sor-ot}tazsinaccordettce�with�Micle-7: M%)CG04E At COMMTIOM 191" (1990 Etbtim) w1 OTY OF FORT ooW m motancATioNs tREV 4nuoo) ARTICLE 5--BONDS AND 11V Q CE Performance, Payment and OtherBanib: 5.E CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for.the faithful perfannance and payment of all CONTRACTOR's oblations under the Contrary Documents. These Bonds sha 1 remain in effect at least until one year after the date when final payment becomes due,.except as. provided otherwise 6y Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as arc required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the -Contract Documents except as provided otherwise by Lawsorlicgulatiors and shall be executed by such sureties as arenamed in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reissuing Companies" as ppublished in Circular 570 (amended) by the Audit Sta1T, Buriau of Government Financial Operations. U.S. Treasury Ikparanent All Bonds signed by an agent must be accompanied by a certified copy of such agcnfs authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where iu 7- part of the Project is located in it ceases to meet the requirements. of paragraph 5.1, CONTRACTOR shall within tan days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER S3. Limsed Surefies`and Insurers; Cerrifrmres of Insurance: 5.3.1, All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authomtd in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additiceal requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR -shall deliver to OWNER with copies to each additional insured identified in the Supplementary Conditions; certificates of insurance (and other evidence of insurance requested by OWNER Or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with pamgaph 5.4. OWNER -shall • • 0 CONTRACTOR's Liability Insurance:. and liability and other insurance as is appropriate'. for the Work beirg performed and' furnished ennui as will provide protection from claims set forth below, which may wise out of or result from CONTRACTOR's .performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR any Subcwtuactw or Supplier, or by anyone "reedy a indirectly employed by any of them to perform orfumish any of the Work, or by anyronc (or whose era, y of them may be liable; 5.4.1. claims under workers' compensitio4 disability benefits and other similar anployce benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5:44, olaims-for-damagf-insured-by-eustomary 5.4.5. claims for damages, other than to the Work itself because of injury to a demotion of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance, so required by this paragraph 5.4 to be purchased and maiiumned shiall: 5.4.T with respect to insurance required by psragapht S.4.3 through 5,4.6 inclusive and 5.4.9, include 0 additional inareds (subject to any customary mAusion in respect of professional liability), OWNER ENGINEER, ENGINEER', Consultants and any other persons or entities identified in the Supplementary Condition% all of whom shall be listed ns additional insureds, and include coverage fa the respective officers and employees of ell such additional insureds: 5.4.8, include the specific coversgcs and be written for not less than the limits of hibility provided in the Supplementary Conddicru or required by Laws or Regulaanns, whichever is greater, 5.4.9. include completed opemtiats irsurance; EXI)COENERAL COMI110NS 19105 0990 Edtim) Mary OF FORT COLUM MO[ARCATIONS (REN e/1000) 5.4,10. include contractual liability insurance covering CONTRACTOR's indemnity :obligations under paragraphs 6.12: 6.16 and 6.31"through 633; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to'whom a certificate of insurance has been isstcd,(wnd'lhe certificates of insurance Famished by the CONTRACTOR pursuant to paragraph 5.3.2 will w provide); 5.4.12. remain in effect at least urulil final payment and mall times thereafter when CONTRACTORmayy be correctuig. removing a replacing ikfecthe Wak in accordance with paragraph 13.12; and 5.4.13. with respect to ennpleted operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for. at least two years after final paynneN (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom n axtificate of insurance has been issued evidence satisfactory to .OWNER ;and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWAER's Liability Insurance: 55. In addition to insurance required to be provided by CONTRACTOR under paragraph 5A,. OWNER at OWNER's option, may purchase and maintain at OWNER's e.:cpense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Comma Documents Property lasurance: SG.—l�rtless-otharwise-provided-in-tha-Supplementary, C-onditions-OVFNCR-s1 m}l-purchase-end-ono iriutui e€-Una-full-repkucernent-oost-thewea4sulyb io-such eleduaible-amtiums-us-may--kin-provirkrl-p.-:L.e Regulmons)ry-C-onsuiaro-errequereiF-ly-L-ews-end Regulatioets�7'his-insumnu-slnl{e 3.&1-suc1.,de-t"e-trawests-of-OWNER: entitiea-idemifmd-Hhe=Supplememary-GunElitionnu each of whom -is- etremodto here errinnsurebk-imeiest mudsdwllba-listednsen-aesirad odcfifiorci4ansiued'c 44a-be-writum-are-Buikks's-!risk=ell-mk" low poh�) bC:.n !.et! rat onnr�_ die-foNe'yiag-Ix�rils-E <. r..� R9%.�== v d H ioverage-theft--vo�lisnrend-naoliciouc-mischiaf; ..fair. and by the suppimerawy Gunditims; S44.-inc4ude- penses-imurted-vrlhe-repair- repleoemedt4any-uwlred'proprriy (uwluditg-bui-not limited--Fe-fcea-ena-'-c.''--�a-o£-a,��.a..; a --and aredtects)t tuu at-nnother-bmtion-that-wav-egeed4o4ritin -by �-1 nded �revidad-[heFauch-marmiels-end-egaipmem�aOVe�hean adairrcd-in-eE!eeF-unFi4-feae4-peymara-Is 1piHy_deyd-wsiFten notme to ea ..•d .--a®aaitional asses -54-9WTIER-she4l-pureAme-and-maimain h-boiler nfadineehinery-i me EIS-may-ba-requred-by-the-Supplemmtery-Ganditiom-or R IGINSkWs Consul mmr end-eny-ether-peFsatti4or-eatitias ed m I i11-Rd W eddNitxanl-insitreA 59. OWNr:R shall not be responsble for purch,sing and maintaining any propaty inner = to poled the intuests of CONTRACTOR. Suboonaaetors a others m �IU-1f-GOM-f[�467(•)R-roquesls-in-writiag-that-olha Chmi._ Order or vrnum Amendment. Prior—ro E)CDC OENERAI. CONDITIONS 1910-9 (1 M E(fitim) 10 wI CITY OF FORT COLLI NS MODIFICATIONS OMV 4n000) oommencemmt-oG the Workebtha�eita; 0Wt3Ei�daall-in SI-H-6WNER-em1G9F4iRAETOA intaadtheFall polidespurchasedirtacuxdartco-witMplmgmphs-SG < v pie. Ouamn GQNTR ATOP < a.Q. in _.u:'__ Orrnrco . _ _ all -:_c._ agate.x—CQNTRAGTQR—Subcenaaaem oReers,�irectol�-employees-end�gems-oFaay-of dlem-foF of-uw :a her-m quemiel--lers axwnding beyond-direct-physiml-lossfar damege-to ansittg-onto€or-resdting-€rom-Gre-or-aher peed; whether -or -not -arc xl-by-QWNCil2= d my " damage OF III the e9m! of-- ymem-of-arty-alsk-less�dameBe-er 6an50GveatiBF-4as-ihe=vaSuieF5-wi1�hava nongtas -af • • • • Receipt and Application of Insurance Proceeds 5.12. Any assured loss under the policies of insurance required by pamgaphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirementsof arty applicable mortgage clause and of paragraph 5,13. OWNER ;"It deposit in a separate .account any money so received and shall distribute it in accordance' with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be reparedor replaced the moneys an received ap ied on account thereof aad the Work and the ens thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the rirurers unless one of the - parties in interest shall object in writing within fiRcen days utter the occurrence of lass to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall makescrlemcnt with the insurers in accordance with ,such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjustand settle the lees with the insures anak if ... 140d _. b.. _ Acceptance of Ronde and lnsmance,• Option to Replace: 5.14. If OWNER has my objection to the coverage,afTwded by or other provisions of the Bonds-ue insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on,the basis of nomemtfonnatce with the Contract Documents. the the Partial Utibration—Ptroperty Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDIlION5191" (190a Educe) wiplY OF FORT COLLItei mootnc vriom (REV 412000) Completion of all the Work, such use or occupncy'may be accomplished in accordance with paragraph 14.10,. provided that no such use or occupancy shall commence before the insurers providing the property imairance have acknowledged notice thereof and in writing effected any charges. in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or pofieies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy, sal—ision and 5upainrendence: 6.1. CONTRACTOR shall supervise, :inspect and direct the Work competently and efficiently, devoting such attention thereto and applying 'such skills and cujcrtise as may be necessary to perform the Work iri accordance with the Contract Documents. CONTRACTOR shall be solely responsible far the means: methods, techniques, sequences and procedures of construction, but CONTRACrOR shall not be responsible for the negligence of others in the design or specification of a specific meam, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be resporviible to see that the completed Work omnplics accurately with the.Contract Docvmcnts 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to. OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authorityto act on behalf of CONTRACTOR All communications to the superintendent shelf be as binding as if given to CONTRACTOR Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work ,as required by the ,Contract Documents. CONTRACTOR shall at all timesmaintain good discippline and order at the site. Except as otherwise reg6im for the safety a protection of persons or the Work or property at the site a adjacent.thereta, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular waking hours and CONTRACTOR will not permit overtime work or the per armance of Work on Saturday, Sunday m any legal holiday without OWNER's written consent given after prim written notice to ENGINEER • 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. • 14.2. Bids may also be modified or withdrawn in person by the Biddeir or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to • reject the Bid of any Bidder if OWNER believes that it would not be in the best 6A. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation construction equipment and machinery, tool; appliances, fuel power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the fumishin& performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions_ A ccov of the resolutions are available for review in the offices of the Purchasing. and Risk Manegemt Division or the CityCerWs office. 642 .Cerium Rcstdctio= City of Fort Collins Resolution 91-121 requires that su p p licm end roiluMrs of cement or products containing cement ccrti that the cement wns not madein cement kilns .that bum hamrdous waste as a fuel 6.5. All materials and equipment .shall be of good .quality and new, except as otherwise provided in the Contract. Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If mquiredby ENGINEFE, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and egm rot shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progresr Schedule. - G.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shallsubmit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress. schedule that will not charge the Contract Times for Ivfilestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule .that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjusmnents may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutesand "Or -Equal" Items: 6.7.1. Whenever an it= of material or equipment is specified or described in the Contract Documents by using the came of a proprietary item oa the name of a Eanicular Supplier, the specification or description is intended to establish the type,. function and quality required. Unless the specification or description EICDCGEN EIM CON ITIOM 19108 (1990 Edi iau 12 a/ CITY OF FORT COLD M MODIFICATIOM IRh'V 4Ra0a) contains; or is followed by words reading that no like. • equivalent or "ceequal' item or no substitution is permiucd, otter items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. '19r-Equal'. If in ENGINEER's-sole discretion an item of material or equipment proposed by CONTRACTOR is fungi iunally equal to (hat named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or al" item, in which case review and approval of the proposed item may, in ENGINF.ER's sole discretion, be accomplished without compliance with some or all of the requirements for .acceptance of proposed substitute items. 6.7.12. Substitute llemu: If in ENGINEER's sole discretion an item of material or cquipmost prpposecl by CONTRACTOR does not qua bfyas an "oi equal" item under subparagraph 6.7.1.1, it will he ccxusidemd a proposed substitutc.item. CONTRACTOR shall submit sufficient information as provided below to allmv ENGINEER to determine that the item of material a equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material a equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to Furnish or use a substitute item of material or equipment. CONTRACTOR - shalt 'first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the Functions and achieve the results called for by the general design; be similm in substance to that specified and be suited to the same use as that specified The application will state the extent, if arty, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a changer in any of the Contract Documents (or in the provisions of any other dues contract with OWNER for work on .the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substilutF including costs of redesign and claims of other contractors affected • 11 • 'than by the resulting change, all of which will be CONTRACTOR shall perform not less 20 oansidered by ENGINEER in evaluating the percent of the Work with is own Cones (that is pr sod substitute. ENGINEER may requpe without rue The '0 rcernl ant CO�*TRACTOR to furnish additional data about. shall be understood to rc er to'the9 Wale the value of .the proposed substitute. - - which totals not less than-20 percen of the Contract Price 6.7.1.3. CONTRACTOR's Ezperw: All data to be provided by CONTRACTOR in support of -any 6.8.2. It the-Supplemerdary-Gatditirm Biddin proposed "or -equal" or substitute item will be at Documents requpe the identity of certain CONTRACTORSs cxpenue. Subcontractors, SupPpliers or other persons or organizations (including thug who are to furnish the 6.7.2. Subsirnnre Conrfitc(ion Merhods or ,principal items of materials or equipment) lo' be Procedures: If a . cifc mean, method, technique; submitted to OWNER iri-advance-of-the-specified sequence or procedure of. construction is shown or data prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER, -and --if -Do cumcns, CONTRACTOR may furnish or utilin a s, ef ' substitute mcarts, -method, technique, sequence .or eacerdan procedure of constriction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEER's sole discretion, to by the dateindicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that, expmmly called for by the Contract' Documents. flny-!Ua{}-,Sia , The procedure for review by ENGINEER will be exgarii,s' similar to that provided in subparagraph 6:7.1.2. bisis-oG 6.7.3. Engineer's Evaluation: ENGINEER will be sees MR rsubititute, •`. a Contract Price- -ram' be allowed a reasonable time within which to evaluate r the-d' - each proposal or 'submittal made pursuant to suph-substimtion- nnd-nn-eppropriate-Vi.9Order paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sees gigowd will sole judge of acceptability. No "or -equal" or constitute a condition of the Contract reauirin¢ the mbstitute will be mdued, insmlled or utili>ad with ut use of the named subcontractors, suppliers or other ENG,MER's prim written acceptance which will be Inrsrns or organiznon on the Work unless dim evidenced by either a Change Order or an approved written approval is obtained front OWNER and Shop Drawing. OWNER_ .may require ENGINEER No acceptance by OWNER or . CONTRACTOR to furnish at CONTRACTOR' ENGINEER of any such Subcommcta, Supplier a expense a special performance guarantee or other other person or orgonization shall constitute a waiver surely with respect to zny 'or -equal" or substitute. of any right of OWNER or ENGINEER to reject • ENGINEER will record time required by defective Work. ENGINEER mid ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6.9. CONTRACTOR pursuan to paragraphs 6:7.1 2 and 6.7.2 and in making chinges at the Contract 6.9.1. CONTRACTOR shall be fully responsible to - Documents (or in the provisions-ofany other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizationsperforming or furnishing any of the accepts n substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges_ of ENGINEER and responsible for CONTRACTOR's own acts and ENCINEEWs Consultants for evaluating each such omissions. Nothing in the Contract Documents shalt proposed substitute item. create for the beneft of any .such Subcontractor, Supplier or other person or organutation any 6_8. Concerning SubconfmNon, Suppliers and contractual relationship between OWNER or Others: ENGINEER and any :such Subcontractor, Supplier or other person a organimtion, nor shag it create any 6.8.1. CONTRACTOR shall not employ any obligation on the pan of OWNER or ENGINEER to Subcontractor; Supplier or other person or organization pay or to we to the payment of any moneys due any (ind idmg those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.21 whether organization except as may otherwise be required by initially or as a substitute. against whom OWNER or Laws and Regulations. OWNER a ENGINEER may ENGINEER may have reasonable objection. furnish to any suticontraoor, supplier or other person CONTRACTOR shall not be required to employ any or organization evidence of amounts paid to Subcontractor, Su lia or other person or wganirauon CONTItACfOR in accordance: with to famish a perorrm any of the Work against whom CONTRACTOR'S "Appliostions for Pavme n" CONTRACTOR has reasonable objection. EJCDCgMQis.AI. C0Ml7l0M 1910E (Im edam) 13 of CITY OF FORT OOLWS MODIFICATIONS (REV 4rt000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Wort: to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions'and sections of the Specifications and the identifications of an Dmwings shall no control CONTRACTOR err dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appprrooppriate agreement between CONTRACTOR and the Subwmrctor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Commct Documents for the benefit of OWNER and ENGINEER. r"..,`eneyo say-so "agreement Patent Fees and Rgmfties: 6,12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Wok or the incorporation in the Work of any invention, dcaign, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents:fa use in the performance of the Workandif to the actual knowledge of 'OWNER or ENGINEER its use, is subject to patent rights or copyrights calling for the payment of any.liceise fee or royalty to others. the existence of such rights shall he disclosed by OWNER in the Contract Doctanents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER'S Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting Gan the incorporation in the Work of any invention, design Ixooess, product or device not specified in the Contract Documents. EICDC GENERAL CONDITION31910 8 (1990 Edition) 14 wI CITY OF FORT COLLI IS MODIFICATIONS(REV 4(2la0) Permits' 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all corsuuction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opcmrg of Bids, m, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility Owners for capital costs related thereto such as plant investment fees. 6.14. LansandRegulaGons: 6.14.1. CONTRACTOR shall give all notices and comely with all Laws and Regulations applicable to futmshing and performance of the Work: Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRAC`rOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulation. CONTRACTOR shall bear all claims, costs, loses and damages caused by, arising out of or resulting tha<fmn; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall no relieve CONTRACTOR of CONTRACTOWs obligations under paragraph 3.3.2. razes 0.15. CONTRACTOR shall fay all sales, consumer, use and other similar tares required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 615 1 OWNER is exempt from Colorado State and loci miles Frail use_4_ucns un materials to be permanently. incorporated into the txoject_Sa_d a.vs shag not be included in the Contract Price. Address' Colorado Department of Revenue .State Caniml Armes u • 0 0 4) 1375 Sherman Street Denver. Colorado, 80261 Sales and .Use Taxes for the State of Colorado Regional Transportation Dlstriet.(RTD) and certain Colorado counties are collected by the State of Colorado .and ate. Included in the Cerlifirntion of Exemption. Acia-mTaxes (utcludim late dltabxosnodexnconstnrctoand building materials Physically mcurporated into the -'rat are to be id CONfRACTOR R and are to mdudod in a iate bid items. Use of Premises 6.16. CONTRACTOR shall confine construction equipment: the storage of materials and equipment and the operations of .workers to the site and land and areas identified in and permitted by the Contract Documenti _and other land and erects permitted by Laws and Regulations, righm-o&way, permits and easements, and shall not unreasonably encumber the premises with construction 'equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damagc to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by arty such owner or occupant bemuse of the performance of the Work, CONTRACTOR shall promptly ,settle with such other pony by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding rat law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultant and anyone directly or indirectly employed by :any of them from: and against all claims; costs, losses and damages erisag out of or resulting from arty claim or anion, I , a cquimble, brought by anry such owner a occuptuu against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work .6.17. luring the progress of the Walt. CONTRACTOR shall.keep the premises Gee from accumulationsof. waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools: appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave.the site clean and ready for occupancy by OWNER it Substantial Complclion of the Wort:. CONTRACTOR shall restore to original condition all property not designated for alternition by the Contract Documents. 6.18. CONTRACTOR shall not lead nor permit my pen of any structure to be loaded in arty mariner that will endanger the'structure, nee shall CONTRACTOR subject any pat of the Work or adjacent property to'suesses'or pressures that will etdanigerit. Record Documents.• FJCM GENERAL CO MMONS 1910E(1990 Fdtim) MCITY OF FORT COLUM MODIFICATIONS (REY'4(2000) 6.19. CONTRACTOR shall maintain me side-placeat the site one record copy of all Drawings, Specifications. Addenda Written Amendments, Change Orders, Work Change Directives. Field- Orders and written intcrprctaUars and clarifications (issued pursumt'to paragalph9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reforence. Upon completion of the Work, and prior to release offinal paymeu. these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Pmtecdon: 6.20. CONTRACTOR shell be responsible for initiating maintaining .and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the'safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1.. all persons on the Work site a who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation a replacement in the course of corsuuction. . . CONTRACTOR shall comply with all applicable Laws and Regulations of my public body havirgjuiisd ction for safety of persons or property a to protect them from damage, injury or loss; and shall erect and maintain all tifcessary safeguards for such safety and protection. CONTRACTOR shall notify owners ofadjacent property and of Underground Facilities and utility owners. when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their propAll dvnagge, injury or loss to any Property referred to in ramaraphs6.202 or other person or employed by. any Work or anyone b t the acts or omissions of OWNER or ENGINEER or ;RVEL•R's Consulmm or anyone employed by any of i or anyrrre far whose acts any of them may be liable, not attributable, directly or indirectly, in whole or in to the fault or negligence of CONTRACTOR or arty :onlractor, Supplier or other person or organization rotection of the Work shag canine until such time the Work is completed and ENGINEER has issued a 15 tiotice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of :safety precautions and programs NarardCommunication Programs: 6,22. CONTRACTOR shall be responsible for coordinating any exchange of materialsafety data sheets or other hazard communication information required to he made available to or exchanged between or among employers at the site in accordance with taws or Regulations. F�ergenciec 6.2.3. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR with special inmuctim or authorization from OIIT'6R or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that arty .significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be' issued to document the consequences of such action 6.24. Shop DrawingsandSamples: 6.24.1.CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with -the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in .the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quangties, dimensions, specified perforimmee and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review time information for the limited purposes .required by pamgnph6.26. 6.24.2CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Semple will be identified clearly as.to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJWCGh'NE CONIXTIOM 191"(1990Edtim) 16 w/aTV OF FORT WWRS Mot&ICAT1om(REV42000) Purposes required by pomgmph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop thawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria. installation requirements; materials, muilog numbers and similar information with respect thereto, 6.25.1.2, all materials with respect to untended use, fal)rlcattMl, Shlpptng, handling,. storage, assembly and installation pertaining to the performance of the Work,and 6.25.1.3. all information relative to CONTRACTOR's saleresponsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONfRACTOR's obligations under the Contract Documents with respect to CON'TRACTOR's review and approval of that submittal. 6,25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or -Sample submitted may have from the requirements of the Contmct Documents, such notice to be in a written communication separate from the submittal; and, in addition, .shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variatio m. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted.by ENGINEER as requiresd by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after 'installation or incorpomlion in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents E'NGINEER's review and approval will not extend to means, methods. achniqucs, scqucm or procedures of construction (except 1VIiKC a particular means, method, technique, sequence or procedure of s 0 oonstruction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of aseppaarraate item as web will not indicate approval of the assembly:rn which the -item funetiom. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samplesfor review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER an previous submiftak 6.27. ENGINEER's review and approval of Slap Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINBER's eamuon to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written. notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will tiny approval by ENGINEER relieve CONTRACTOR from responsibility for complying with therequirements of paragraph 6,25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions a6x&d by ENGINEER as required by. pamgmph2.9. any related Work performed prior to ENGINEER's review and approval of the pertinent suhmittal will be at the sole expense and respomtbdity of CONTRACTOR Continuing the Work 6.29. CONTRACTOR shall curry on the Work and . adhere to the progress schedule during all disputes or dirigreementswlth OWNER. No Work shall•be delayed or postponed pending resolution of any disputesor disagreements, except as permitted by paragraph 15.5 or as. OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTP4CTOR's General 1 hrranty and Gaarantec 6.30.1. CONTRACTOR warrants and guarantees to OWNER. ENGINEER. and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents 'and will not be deJective. CONTRACTOR'S warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. .abuse, .modification or improper maintenance or operation by persons other thin CONTRACTOR Subcontractors or Suppliers; or 630.1.2. normal wear and tear under normal usage. 630.2. CONTRACTOR's obligation to perform arid complete the Work in accordance with the Contract Documents shall be absolute. None of Use following will constitute an acceptance of Work that is not in 81CDCOENERAL CONDITIONS 19105 (1990 Ed1i9n) Wary OF FORT COMINS MODIFICATIONS (REV 412DD0) 0 accordance with the Contract Documents or,"a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observationsby ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial -Completion in any peyinein by OWNER to CONTRACTOR under due Contract Documents; 6.30.2.4. use or occupancy of the Work many pan thereof by OWNER; 6.30.2.5. my acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Slop Dmrving or Sample subminal or the issuance of a .notice of acceptability by ENGINEER pursuant to paragraph 14.13: 630.2.7. any inspection, test or approval by others; or 6.30.2.8. arrycorrection of defecrive Wort: by OWNER Indentniftaadon 6.31. To the "fullest «tern permitted by Laws,and Regulatiom, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents. and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but .not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court orarbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (1) is attrib table'to'bodily injury, sickness. disease or death or to iniury to or destruction of tamable orooerty and or l or whose in pan by any neghgence or omissuen of a indemnified hereunder or whether liabi upon such indemnified party by Laws r regardless of the negligence of any suer la 6.32. In •tiny and all claims against OWNER or ENGINEER or any of their respective cor a Liam% agents: officers, directorsor employees by any employee (or the srurvwor or pcisona] representative of such employee) of CONTRACTOR any Subcontractor, any .Supplier, any person or orgi nimuon directly or indirectly employed by 17 any of them to perform or furnish any of the Work a anyone for whose acts any of them may be liable,- the indemnification obligation under paragraph6.31 shall not be limited in any way by any limttauon on the amount or type of damages, compensationorbenefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organimlion under workm' compensation acts, disability benefit Acts or other employee ber efit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Coraultanms, officers, directors, employees or agents caused by the professional negligence, cam or omissions of any of then. SuMnal ofObliganona: 6,34. All representatiom% indemnifications, warranties and guarantees made in required by or given in Accordance with the Contract Documents, as well As all eominuin obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7-0TFTER WORK Related Work at Site, T1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions sim ilm to these, or have, other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice theieof will be given to CONTRACTOR prior_ to starting any such other work and (u)CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties. arc unable to agree as to the mount or extent thereof. 7.2. CONTRACTOR shall aRbrd each other contractor who is a party to such a direct contract -and each utility owner (and OWNER, iC OWNER is perfurming the additional work with OWNER' employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of malerinls and equipment and the execution of such other work and shall properly coruuect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all culling, lining and patching of the Work that may be required to make its several parts come together property And integrate with such other work. CONTRACTOR shell not eridanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and rmporiMbititins of CONTRACTOR under this paragraph Are for the benefit of such utility owners and other aontmaars to the extent that there are comparable EXDC OENERAL CONDITIONS 1910-9(1990 Edtim) 18 wt CITY OF FORT OOLLINS MODIFICATIONS(REV4R000) provisions foi the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any pen of CONTRACCOR's Work depends upon wm* performed by others trader this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable ere tuisuitabic for the proper execution and results of CONTRACTOR's Work: C0NITRACT0R's failure so to report will constitute an acceptance of such other work as fit and proper, for integration with CONTRACCOR's Work except for Intent or nonapporent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the followingwill be set forth in Supplementary Conditions: 7.4.1. the person firm or corporation who will have authority and responsibility for coordination of the activities :Among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authorityand responsibility will be itemiwd; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise .provided in the Supplementary Conditions, OWNER shall have sole Authorityand responsibility in respect of such coordination ARTICLE 8-OWNER'S B.I. Except as otherwise provided in these General Conditions, OWNER stall issue all communications to CONTRACTOR through ENGINEER. ., 8.2. In case of termination of the employment of FNGINEE p. OWNER shall appoint an engineer against wham-COgTRAC-TGR-makes-no-reasonable-objwliom whose =ins under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall famish the dam required of OWNER under the Contract Documents promptly, and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNIMM duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Pamgrayh4.2 refas..lo OWNER's identifying and making available to CONTRACTOR copiers of reports of explorations end tests of subsurface conditions at the site and drawings of physical conditions in existing • • • • - r -I LJ structures et of contiguous to the site that have been utilized by ENGINF..II2 in prepmraig the Contract Documents. WISN fORhihparagf9pIL93-stilidl�t 5-i�: 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 5,7. OWNER's responsibility in respect. of certain inspections, tests and approvals is. set forth in paragraph 13.4. 9.8. In connecdon with OWNFR's right to. stop Work or sttspcnd Work, sec paragnpIis1310 and 15.1. Paragraph 152 deals with OW[JEWs tight to terminate services of CIONTRACTORunder certain circumstances. 8.9. The .OWNER shall not,supervise, director have .central or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, w for any failure of CON'I'RAC3'OR to comply with Laws and Regulations ,applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure fa perform or famish the Work in accordance with the Contract Documents. - a responsibility in respect of undis,l, 'set-fetiMn-peregre[jh4S etttuegemenls-live-bearr—rri ade--te-satisfy—,9W PIL1&'s responsibility-in-rrsop: thereof-will-6e-asset-faith'-ai-the Supplementary-Gondifiore: ARTICLE 9-ENGINEFR'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction Period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction me set forth in the Contract Documents and shall not be extended without written consent of OWNER acid ENGINEER _ -. Visits to Site., 9.2. ENGINEER will make visits to the site at intervals appropnate to the various. stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress ElCDCOV4EM COMMONS 1910811* Edtim) v crry OF FoRr mt.uxn moDiRcATIONS Qtsv arzooa) that has been made and the quality of the various aspects of CONTRACTOR's exeautod Work. Baud on information obtained during such visits and abservatiaq ENGINEER will endeavor for the benefit of OWNER: to determine, in general, if the Work is proceeding in aixeadanec with the Contract Doeum m ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality a quantity of the Weak. ENGINEER's efforts will be directed toward informed of the progress of the Work aril visitsand on -site observations arc subject to all the limitations on ENGINEER's authority and ra}xnsibifity set forth in ragraph 9,13, and parumlarlyy, but without limitation dt�iritg.a as a result of ENGINEER's-on-site visits a observations of C.ON IZACIOWs Work ENGINEFR,will not supervise; direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and. programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to .the furnishing or performance of the Work. Project Repremnmdve: 9.3. If OWNER and ENGINEER agree, ENGINEER will famish a Rwident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and .authority and limitations thereon of any such Resident Project Representative and assistaras will be as provided in paragraphs9.3 and 9.13 oil, :- •' 1 C-onditierts of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGIl`IEER's Consultant, agent or employee, the responsibihties and authority and limitations thereon of such other person will beas provided.in the Supplemeftiy Ganditiens oaragmoh9.3 9.3 1. The .Representative's dealims in matters -- ere nninirug to the eaisite work will, in genera. be with the ENGINEER and CONTRACTOR But, the Representative will keep the OWNER prouerly advised about such matters. The Representative's dealings with mlacantractors will only be through ea with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Representative will: 9.3.2.1.Schedulm - Review the eaogms 19, 20 schedule: and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acocotability. 9 3 2 2 Confererxes and M«tine - Atteml meeting with the 'CONTRACTOR such as preconstruction conferences. Rmgms meetings and other mob mnferenceB and wmgre and circulate copies of minutes of mechrrgs 9.3.2.3.Liai= 93.2.3.1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understandinc the Contract Documents. 9 3 2 3 2 Assist or obtainina from OWNER add'tiomldetails or information, when. required for proper azecution of the Work. 932.33 Advise the ENGINEER and CONTRACTOR. of the commencement of any Work requiring a Shop Dmwirtor sample submission if the submission has not Born approved by the FNGAGER 9.12 4.Review o lj Ugj:,,jtej9c'on o fact Work Irapections and Tcsts- 9.3.2.4.1. Conduct on -site observations of the Work in proptess to assisfdx ENGINEER in determining that the Wark is proceeding, in accordance with the Contract Documents, 9.3.2.4.3. Accompany visiting hT.eclors representing oubhe or other.aeennes havmg jurisdiction over -the Proie� record tht results oC TINEER.hese inspectlorn and report to t})e ING 9.3 2.5. Interpretation of Cmlracl Documents. Report to HNGfNEER when clarifications and interrelations of the Commcl Docurems are needed and tmrmnit to CONTRACTOR cleniCrcation anal ' tenprelation of the Contract Doaimenmsas isared by the el�(Ffhlaa(7 9.3.2.6. Modificulions. Consider and evaluate CONTRACTOR'S suggestions for ErCDCGENS AL CONDITIONS 191"(1990E(fitim) w/ CITY OF FORT OOWNS MODn7CATIONS (REV 42000) modification in Drawings or Specifications and report these recommerd<itiorts tp ENGAGER: Acccmatrly Iransanil to CONTRACTOR decosi 'c issued by the ENGINEER 9.3.2.7. Records, 9 32 8 Repw& 93 2 8.1. Fumish ENGINEER ceriadic reports as required, of the mnl = of the Wort; and of the CONTRACTORS comoliance with the grog = schedule and schedule of shop Drawing and samole submittals. 9,3282 Consult mgh— —QRU--R m .. advance of scheduling major lets: inspection§ organ of important phases of the Work, 93283 Draft mop=d CMnee Orden and Work Dvectne Changes obtamii backup materinl from the CONTRACTOR and me:— end to ENGINEER .Change Orders. Work Dvechve Chames and field orders 93.2.8.4. Report immediate]y to ENGINEER and OWNER the occurrence of env accident. 9 3 2 9 Nymem Requests Review applications for moment uith CONTRACTOR for compliance with the established procedure for tfxw submission and forward with recwmmerdation to • G • ENGINEER noting particularly the relationship of requirements of the Contract Documents (in the form of the payment rcnuestid ta the schedule of values. Drawings or otherwise) as ENGINEER may determine wort _camolacd and materials and MW.ment necessary, which shall be consistent with the intent of and delivered et the site but not incorporated in the reasonably inferable Goo the Contract Documents. Such Week.- written clariGealiom and interpretations will be binding on OWNER .and CONTRACTOR. If OWNER or 9.3.2:10. Completion: CONTRACTOR believes that a written clarification ur interpretation justifies an adjustment in the Contract Price 9.3:2.11).1. Before I:NGINEL•R issues a or the Contract Times and the parties we unable to agree Certificate ofSubstantialCurnpletion�.submit to the amount or eMent thereof if any, OWNER or to CONTRACTOR a List of observed 'items CONTRACTOR may make a wrillen ilaim therefor es requuirm correctionor completion provided in Article l l or Article 12. 9.3110.2. Conduct final inspection in the Authorized Variations in Work: cony of the ENGINEER, OWNER and . CONTRACTOR and prepare a final list of 9.5. ENGINEER may authority minor variations in items to be corrected or completed. the Week from the requirements of the .Conitmcl Documents which do not involve an adustment in the 9.3.2.10.3. .Observe that ell items on the Contract Price or the Contmct Times and.are compatible final list have been corrected or completed and with the design concept of the completed Project as a make recommendations to ENGINEER functiontirg whole as indicated by the-Cwuracl concerning acceptance. Documents. These may beaccomplished_bya Field Order and will be binding on OWNER and also on 9.3:3. Limitation of Authority: The Renre.enwhve shall CONTRACTOR who shell perform the Week involved not: promptly. If OWNER or CONTRACTOR believes that a Field Order -justifies an adjustment in the Contract price or 9.3.3.1. Authorize any deviations: from the the Contract Times and the paniem arc unable to agree as Contract Documents or accent any misiitute to the .amount or extent thereof, OWNER or fgatedils or e< ipaenl, unless ut 9nzed by the CONTRACTOR may make a written claim therefor as ENGINEER. provided in Article 11 ml2. 9.3.3.2. Exceed limitations of ENGINEER'S Rejecting Defective Work:. authority as act forth in the Contract Documents 9.3.3.3. Undertakemy of the responsibilities 9.6. ENGINEER willhave authority to disapprove or of the CONTRACTOR Subwntmetora or inject Work which ENGINEER believes to be defective, �IJVTjZFs�j'OR'S sucerintendent� or that ENGINEER believes will not produce a completed Project. that conforms to the Comma Documents or that 93,34 Advise on- or issue di Ntio_ps e1glyg • will prejudice the integrity ofthe design concept of the to or assume control over nny mmect of the completed Project as a functioning whole as indicated by meam, methods, techniqum sequences or the. Contract ummts ENGINEER will also have Wocedurm for corisWction unlesssuch is authority to require special inspection or testing of the syecificelly called fierin the Contract Documems. Work as provided bt paragraph 13.9, whether or not the Work is fabricated, installed or completed. 9.3.3.5. Advise on or issue. directions Legardirta or .assume control over safety Shop Drawings, Change Ordcrsanditymmns: precautions and progams in connections with the ' Work. 9.7, In connection with ENGINEER's authority as to Shop Drawings anal Samples, see parrtgraphs 6.24 through 93.3.6. Accept Shoo Drawingor sample fi 28 inclusive. submittals Goo anyone 'other than the CONTRACTOR 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 93.39 . Authorize OWNER to occupy the Work in whole or in Part. 9.9. In connection with ENGINEER's authority as to Applications for Payment, sea Article 14. in specialized Geld or laboratory essor tale laborntorv.lests or inspections conducted by others Determinations for (lair Pares: ceccept as specifically authorized by the ENGINEER 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by Ciarifrcatioas and lnrerprettitiuner: CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER'S preliminary 9.4. ENGINEER will issue with reasonable promptness dctmninetiors on such matters before render ng a written such written clarificettitms w 'interpretations of the decision thereon (by recommendation of an Application &CDC OEWkAL C0M1M0M 19104 (1990 Edum) 21 %ICITY OF FORT OOLUNS MODIFICATIONS tltEV 4r1000) 0 interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the • award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. for Payment or otherwise). ENGINEER'S written derision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten rays alter the date of any such recision. either OWNTIZ or CONTRACTOR delivers to. the other and to ENGINEER written notice of nwfition`to appeal from ENGINEE.R's decision and, (i) an appeal from ENGINEER's decision is taken within the time limits end in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between -OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to FNGINEER's decision,. unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the Procedures of paragraph 9.11. Decisions on Disputed 9,11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and famishing of the Work and claims under Articles 1 I and 12 in aspect of changes in the Contract Price a Contract Times will be referred initially m ENGINEER in writing with a request for a formal decision in acctxdance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of Such occurrence or event untess- ENGINEER allows an additional period of time for the submission of additional or mom accurate dam in support of such claim. dispute a other matter. The opposing party shag submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days aler receipt of the opposing party's submittal, if any, in accordance with ibis paragraph. ENGTNEER's wrlucn decision on such claim, dispute or other matter will be final and binding upon OWNER end CONTRACTOR unless: (i) an appeal from ENGINEEiR's decision is taken within the time limits mid in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Resolution Agreem ent°, entered into between OWNER and CONTRACTOR pursuant to Article 16, or (i) if no such Dispute Resolution Agreement has been entered into. a written notice of intention to appeal from MNGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEM within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise Such rights a remedies as the appealing party may, have with respect to such claim, dispute or other matter in accordaee with applicable Laws and Regulations within sixty days of the date of such VCDC OEKEFLU CONDITIONS 191"(1990E(idm) 22 w9 CITY OF FORT COUJ M MODTICAMONS(REV 4/1000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragaphs9.10 and 9.11, ENGINEER will not show pettrality to OWNER or CONTRACTOR and will not be Gable in connection with any interpretation or decision rendered in good faith in such capacity. Therendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such cairndi to W other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise, by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documcnts or by Laws or Regulations in respect of any such claim, dispute or other matter uo Mtde46. 9.13. Limitations on LWINEER's Authority and Responsibilities: 9.13.1. Neither EGGINEER's authority or responsibility udder this Article 9 m under nary other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not vicercise such authority or responsibility or the undertaking, exercise or performanceof any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person a mgnimtion, or to arty surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's meant, methods, techniques, sequences or procedures of construction, or the safety peedautions and programs incident. thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts rr omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the work. 9.13.4. ENGINEER's review of the final Application for Payment. and accompanying documentation and all maintenance and operating instructions, schedules, giaranees, Bonds and certificates of inspection, tests and approvals and other dowmentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitations upon authority and 0 0 0 responsibility set forth in this paregraph9.13 shall also apply to L• I GIIQEER's Consultants, Resident Project Representative and assistants ARTICLE 10 -CHANGES IN THE WORK Without invalidating the Agreement and without e to any surety, OWNER. may, at any time or from to time, order additions, deletions or revisions in the c Such aBditirms, deletions or revisions will he triad by a Written Amendment, a Change. Order, or be spcoilically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any; of an adjustment in the Contract Prim or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor m provided in Article 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Prima an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and 'supplemented as provided in paragraphs 3,5 and 3.6. except in the case of an =agency as provided in paragraph 6.23 ,w in the cast of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amenxanents) covering: 10.4.1. changes in the Work which are (i).ordered by OWNER pursuant to paragraph 10. 1, (ii) required because of acceptance of -defective—Work under pamgraph13.13 or correcting defective Work under paragraph 13.14. or (ra) agreed to by the pariiex 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the_mbstance of any written decision rendered by ENGINEER pursumN to paragraph 9.11;, .provided that; ra lieu oC.e. outing any such Change Order, an appeal may be taken Gan any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Reoulatioris, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of arty change affecting the general soopc of the Work or the provisions of the Contract Documents &CDC GENERAL CONOIII ONS 1910E (1990 Emtim) V CITy OF FORT COLLINS MODIFICAMNS ftN UNDO) (including. but not limited to„Contract Price or Contract Times) is required by the provisions of any Bond, to be ggitven to s suretyty the givlr of any such notice will be CONTRACTOR'S responsibility, and the amount of cacti ap'phcablc Bond will be adusted accordingly, ARTICLE II —CHANGE OFCOINT'RACT PRICE 11.1. The Contract Prim witatimtes the total compensation (subject to authorized adjust Tents) payable to CONTRACTOR for performing, the Work. All duties, responsibilities and obit none ed to a undertaken by CONTRACTOR shall 6e atC RACTOR's expense, without change inthe Contract Price. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim fee an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than deny days) after the mart of the occurrence a event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the. start of such occurrence on event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed "covers all known amounts to which the claimara is entitled as a result of said cccurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paegrapb9.11 if OWNER and CONTRACTOR cannot otherwise agree on the,amouna involved: No claim for an adjustment in the Contract Price will be valid if not submitted in amordm:e with this peragmph 11.2. 11.3. The value of any Weak covered by a Charge Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.L what the Work involved is covered by unit prices comained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive); 11.32. wherc•lhe Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit .prices contained in the 'Contract Documents and agreement to a lump stair is not reached under paragraph 11.3.2, an the basis of the Cast of the Work (determined as provided in paragraphs 11,4 and 11.5) plus o CONTRACT'OR's fee for overhand and profit (determined as provided in paragraph 1 L6). Cost of Me IVark., 11.4. The term Cost of the Work means the sum of all moats necessarily Frred arxl paid by CONTRACTOR in "the proper performance of the Work. Except as atherviu may lc agreed to in writing by OWNfiR such coats shall be in emowts an higher than those prevailing in the locality of the project, shall include only thefollowing items and shall not include any of the costs itemized in .paragraph 11.5: 11A.1.Pa}Toll costs for employees in the direct employ of CONTRACTOR in the perfarnsnce of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at -the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of thew time spent on the Work. Payroll coin shall include: lau-not be limited to salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, eacim and payroll taxes, workers' cenpensetioq health arsl ro6rement benefits; bent ,, s;ek;e:;-.�vaa;tienaed+taFidey-pay applicable thereto. The expenses of forming Mork after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials,and equipment furnishd and iiKotporeLed in the Work, including costs of transportation andstorage thereof,. and Suppliers' field services re red in connection therewith All cosh discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments; 'set which case the cash "discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Suhcontracum if required by OWNER, EJCI)C OENEAAL CONDIT16M 1910-9 (1990Editim) 24 w/CITY OF FORT OOI.LIN5 MODIFICATIONS(REVCR000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be aaxpletl. If any subcontract provides thin the Subcontractor it to be paid on the basis of Cost of the Wok plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 1 L4, 11.5, - 11.6 and 11.7. All subconueas shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers; architects, testis labcanukics, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5:2. Cosa, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hard mots not owned by the workers, which an consumed in the performance of the Work and cast less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.53. Rentals of all construction equipment and mach'urery"and'the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the casts of transportation, loading, unloading, installation dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall eerie when the use thereof is no longer necessary for the Work. I I A.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than nepTigence of CONTRACTOR any Subbeccrtmetor or anyone directly or indirectly 'employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses I1A.5.6. Losses and damages (and related expaves) catssed by damage to the Work, not compensated by insurance or otherwise. sustained by CONTRACTOR in connection with the C negligence performance and fumishatg of the Work (except 11.5.5. Costs due to the of loses and damages within the deductible nmomnts CONTRACTOR, any Subcontractor, or aryme of pro y insurance established by OWNER in atcordpanonce with paragraph 5.9) provided they directly or indirectly employed by an of them or for whose ads any of them may be liable, including but have resulted from causes other than the not limited to, the correction of defacnne Work negligence of CONfRACTOR,. any di. sal of materials or equipment wrongh, supplied Subcontractor, or anyone directly or indirectly and making good any damage to property. employed by'my of them or for whose acts any of them may be liable.. Such losses shall include IIS 66, Other overhead a general expense costs of settlements made with the written consent and any kind and the costs of my iterunot specifically and yapproval of OWNER No such tosses, damages expressly included in paragraph 11.4. "and expenses shall be included in the Cost of the 'Work for the pur�nse of determining 11A. The CONTRACTOR's fee .allowed to CONTRACTOR' fu. If however, my such loss CONTRACTOR for ovehead and profit shall be a damage requires reconstruction and determined as follows;. " CONTRACTOR is placed in charge thereof, -CONTRACTOR shall be paid for services a fee 11.6.1. a mutually acceptable fined fiee;'or proportionate to that stated in paragraph 11.6.2. 11:6.2. if a faui fee is not agreed upon then a Cce 11.4.5.7. Tlic.ccet of utilities, fuel and sanitary lased on the followingg percentages of the various facilities at the site. piorlimciof the Cost of the Work: 11.4.5.8. Minor expenses such as telegrams, 11.6.2.1. for cots incurred under long distance telephone calls, telephoneserviceat paragraphs 11.4.1 and 11.4:2, the the site, expressage and similar petty cash items in CONfRACTOR's fee shall be fifteenperomit; connection with the Work. - 11.6.2.2, for costs incurred under 11.4.5.9. Cost or premiums for additional Bonds paragraph"11.4.3, the.CONTRACTOR's fee shall and insurance required because of changes in the be five percent; Work. 11.6.2.3. where one or more tiers of 11.5. The term Cost of the Work shall not include any of subcontracts are on the basis of Cost of the Work the following: plus a fee and no fixed fee is agreed upon, the intent of.paragraphs 11.4.1, 11.4.2, 11.4.3 and .. 11.5.1. payroll costs and other compensation of 11.6.2.is that the Subcontractor who actually CONTRACTOR' officers, executives. principals (of perform$ or furnishes the Work, at whmever tier. partnership and sole proprietorships), general managers, will be paid a fee of fifteen percent of the costs engineers, architects, estimators, mtor»eys, auditors; incurred by such Subcontractor under paragraphs accountanLs, purchasing and contracting agents, 11.4.1 and 11.4.2 and that any higher tier expediters, timekeepers, clerks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid a the amount -paid -to OONTRACTOR's principal w a branch office for to be negotiated .. .general administration of the Work and not specifically ... in good faith with the OWNER but not to ecceed 'included in the agreed upon schedule of job five ncrcent of the amount naid to the next lower classifications referred to in paragraph 11A.1 or gar Subcoiryador. ' specifically covered by paragraph I IA.4all of which ' are to be considered administrative costs covered by the 11.6.2.4. no fee Shall be payable on the basis CONTPACTOR's fee. of costs itemiad under paragraphs 11-4.4. 11 A.5 and 11.5; 11.5.2. Expenses ofCONTRACTOR's principal and branch offices other than CONTRACTOR's office at 11.6.2.5. the amount of credit to be allowed the site. by.CONTRACT OR to OWNER Car any. change which results in a net decrease in cost will be the 11.5.3. Any part of CONTRACTOR'' capital amount ofthe actual net decrease in cost plus a expenses, including interest on CONTRACTOR'S deduction in CONTRACTOR's fee by an amount capital employed . for the Work and charges against equal to five percent of such net decrease; and CONTRACTOR for delinquent payment& 11.6.2.6. when both additions and credits we 11.5.4. Cost of premiums for all Bonds and for all involved in my one change, the adjustment in insurance whether or not CONTRACTOR is required CONTRACTORS fee shall be computed onthe by the Contract Docum-erns to purchase and inaimain basis of the' net charge in 9ciurdsrc with the same (except f6i the cost of premiums covered by paragraphs 11.6.2.1 through 11.6.2.5, viclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the cost of any Work is to be EJCDC:(J kAL CONDITIONS 1910-5(1990 Edtim) 25 w/CITY OF FORT WLL 143 MODIRCAT10NS QiEY Mow) 0 determined pursuant to paragraphs I lA and 11.5,. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an amaized cw breakdown together with supporting data. Cash AlImem ., 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents andshallmuse the Wort: so covered to, be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACIOR agrees that: 11.8.1. the allowances include the .cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, instal lation costs, overhead, profit and other expenses contemplated for the allowances have been inchrded in the Contract Rice and not in the allowances and no demand for additional payment on account of any of the foregoing will he valid, Prior to final payment. an appropriate Change Order will be issued as recommended by FNGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shag be correspondingly adjusted IL9. flair Price Wwk 11.9.1. Where the Contract Documents provide that all or pan of the Work is to be Unit Price Work. initially die Contract Price will be deemed to include fa all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work tunes the estimated quantity of each item as indicated in the Agreement. The estimated quantitim of items of Unit Price Work are not guaranteed and are solely for the purpose of,. comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by LNGINEER m accordance with paragraph 9:10. 11.9.2. Each unit prim will be deemed to include an amouia comidered by CONTRACTOR in be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Comiact Price in aaordsnce with Article 1 I if: 11.9.3.1. the quantity of any item of Unit Rice Work performed by 'CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDCGhNERAL CONDInONS 191aS (1990 E(fitim) 26 wJ CITY OF FORT COLUM MODIFICATIONS(REViR000) and 11.9.3.2. there is mi corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having ircurred additional '.expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree is to the amount of any such increase or decrease. 11,93.4. CONTRACTOR acknowledam list the 021 ER has the right to add or delete items in the Aid or chance aunntitia at OWNER'S role discretion without affecting the Contact Pries of trite remainine item so Ion¢ as the deletion or addition does not exceed twroniv-five octant of the oriamal total. Contract Price ARTICLE 12—CHANGE OF CONTRACT TIM FS 111. The Contract Times (a Milestones) may, only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the patty making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occtrrrena of the event givirtg rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a txs ilt of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with pamgmph9.11 if OWNER and CONTRACTOR cannot otherwise agree.. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in ac andance with the requirements of this paragraph 111. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 123. Where CONTRACTOR is prevented From completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract Timm for Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in pam9m h 121. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as eantemplited by Article 7. Tics. floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and • a 0 within the control of a Subcontractor or Supplier shall be deemed to be delays within the control' of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any pail of the Workwithin the Contract Times (or Milestones) due to delay beyond the'wntrol of both OWNER and CONTRACTOR;, an extension of the Conttoot Timm:(or Mlestones).in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy Tor such delay. In no event shall OWNER tie liable to CONTRACTOR., any Subcontractm, 'any Supplier, any'othe'r person or agumzat1on,m to any estuary for or employee or agent of any of them, for dmn gm arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, foes, Roods, epidemics, abnormal tvmther wndiioh% acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE; 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEGTIlTWORIC 73.1. Notice ofDefeces: Prompt notice of all defecrive Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, wrtatcd m accepted as provided in this Article 13. Accea to Work 13.2. -OWNER ENGINEER ENGINEER's Ccrttuhants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasmmble 4imm for their observatiom inspecting and testing. CONTRACTOR shall provide them proper and, safe conditions fa such access and advise them of CONTRACTOR's site safety procedures and prams w that they may comply therewith as applicable. Tmfg and Inspediome 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, was or approvals; and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections. tests, or'approvals requved by the Contract Documents except: 13.4.1. for inspections; tests or approvals covered by paragraph 13.5 below; 13.4.2: that coats incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EICOCOEN" C010ITION5191" (IM Edilim) veci ry OF FORT WLUNs momncmioris QtEV 4naca) below shall be paid as provided in :said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents, 13.5. If Laws or Reaulatiorns of am oublicbodv havind in cwmeclim therewith, and furnish ENGINEER the required ceriificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any iaspccti n tests or approvals required Cur OWNER's and ENGMER's acceptance of materials or equipment to be incorporated in the Work or of materials, mot -designs, or equipment submitted for appswal prior to CONTRACTOR's,purchase thereof for incorporation in the Wert:. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall he at CONTPACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable pramptncss in response to such notice. Uncovering Work: 13.8. If any Work is covered contra} to, the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered fa ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. if FNGTNEER considers it necessaryor advisable that covered Work be, observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER's request shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the. Work in question furnishing all necessary labor, material end equipment 11 it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, wising out of or resulting from such uncovering, exposure, observation, insp=tion and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties we unable to agree as to the amount thenok may make a claim therefor as provided in Article 11. If, however, such Work is not found to be- defeetrse, CONTRACTOR shall be allmod an increase on the Contact Rice or an extension of the Contract Times (or Milestones), a both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, .replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. OWNER May Stop the Work: 13.10: If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such's way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Workshall not give rise to any duty on the part of OWNER to exercise dun right for the benefit of CONTRACTOR or any surety m other party. Correction or Removal ofDefecrive Work': 13.11. If required by ENGINEER, CONTRACTOR shall promptlas y, notirbrit either mrrect all defective Work, fabricated, installed a completed, or, if the Work has been rejectcdby ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall fay all claims, costs, lasses and dtmagcs caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period' 13.12.1. If within one year two years after the date of Substantial Completion err such longer period of time as may be prescribed by Laws or Regulation or by the terms of any applicable special guanantcc required by the Contract Documents a by any specific provision of the Contract Documents, any Week is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in woodance with OWNER's written instructions: (i)correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is net defective, .and (ii) satisfactorily correct or remove and replace any damage to other Walk or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such fnistruatioas, or in an'emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Wok removed and replaced and all claimer costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122An special circumstances wherea particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlierdate if so provided in the Specifications or by Written Amendment 13.121 When defective Work (and damage to other EICDC GENERAL CONDITIONS 1910-3(199DEditim) 28 wl CITY OF FORT WI.LINS MODIFICATIONS(RLV 4n000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ecte-yaei two veers after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work.,. 13.13. If, instead of requiring correction or removal and replacement of defective Work. OWNER (arcs, prior to ENGINEEWs recommendation of final payment. also ENGINEER) prefers to accept It, OWNER may do so. CONTRACTOR shall pay all .claims. costs, losses and damages attributable to OWNF.R's evaluation of .and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If arty such acceptance occurs prior to ENGINF.ER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documnts with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Rice, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor w provided in Article 11. If the acceptance occurs after such recommcndation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR rails within a reasonable time after written notice from ENGINEER to correct defective Work w to remove and replace rejected Wok as requited by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR -fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may. after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously; In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site take possessionof all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, mnsnaaion equipment and machinery at the site and incorr"me in the Work .all materials and equipment stood at the site or for which OWNER has paid CONTRACTOR but which .are stored elsewhere. CONTRACTOR .shall allow -OWNER,. OWNERs representatives, agents and employers. OWNER's other contractors and ENGINEER and FNGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, cogs, losses and damages imunul or sustamed by OWNER in exercising Such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shell be entitled to an appropriate decrease in the Commet Price, and, if the parties are unable to agree as to the amount thereof, OWNER may mike a claim therefor as provided in Article 11. Such claims, toss, losses and i 0 0 0 L� -damages will include but not be limitedto all cats of .repair or replacement of work of others destroyed or damaged by correction removal or. replacement of CONTRAC oyes defective Work. .CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in .paragraph 2.9 will serve as the basis for progress paxmems 'and will be incorpomlcd into s fame of Application for Payment saeptabte to ENGINEER. Progress payments on account of Unit Pnoe Work will be based on die number of units completed. Application farProgresr Payment• 14.2. At least twenty, days before the date established for each progress payment (but not more often than once a mash), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CON`fRACI'OR covering the Work completed as of the date of the Application and accompanied by such supportug documentation as is required by the Cantina Documents If payment is requested an the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at -the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of ale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liensand evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all.of which will be satisfactory to OWNER. The amount of reminage with respect ,to progress payments will be is stipulated in the CONTRACTOR's Warrarpy of Titter. 14.3. CONTRACTOR warrants and guarmu s that title to all Work, materiels and equipment covered by any Application for Payment, whether incorporated -in the the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review ofApplications forProgressPaj menL 14.4. ENGINEER will, within ten days after receipt of each Application fa Payment, either indicate in writing a EJCDC OV,10LALCONIHTIONS 191" (IM Edtiw) w/CITY OF FORT COLUNS MODIFICATIONS ptEV 4A000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refiisutg to recommend payment. In the latter case. CONTRACTOR may make. the necessary corrections and resubmit the Application. Ten days after presemation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject tothe provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. FNGINEER'.s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based an ENGINEER's onisite observations of theexecutedWork as an experienced and qualified design profewsicnel'iind on ENGINEER's review of the A lication for Payment and the accompanying dam and schedules, that to the best of ENGINEER's knowledge, information and belief •14,5.1. the Work has progressed to the 'point indicated, 14.5.2. the quality of the Work is generally in .accordance with the Conhact Documcrits (subject to an evaluation of the Work as a functioning whale prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Wart: under paragraph 9.10, and to arty other qualihcatiom stated in the recommendation), and 14.53. the conditions precedent to CONTRACTOR's being emitted to such payment appear to have been fulfilled insular as it is ENGINEER's responsibibty to observe the Work: However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or cantirwous orvsite inspections have been made to check, the quality "'the. quantity of the Wok beyond the .responsibilities spec cedy assigned to ENGINEER in ilie Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be Paid addmonally. by .OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment; including final payment, shall not mean that ENGINEER is responsible fa CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the aletyy pprecautionsand programs incident thereto, or for any hndure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performanoe of Work, or for my failure of CONTRACTOR to perform or famish .Work in accordance with the Contract Documents, 14.7. ENGINEER may refuse to recammend the whole or any part of any payment if. in ENGINEER's opinion it would be incorrect to make the representations to 29. OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, a, because of subsequently discovered evidence or the results of subsequent -inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's .opinion to protect OWNER from loss because: 14.7.1. the Work is defec&e, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with Paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACI'OWs performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Wok, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to seeume the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER tea set- off against the amount recommended, or 14.7.8.` OWNER has actual knowledge of the occarence of any of the events enumerated 'in paragraphs 14.7.1 through 14,7.3 or pemgmphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasonsfor such action and promptly. pay CONTRACTOR the amount so withhelcl, or any adjustmentthereto agreed to by OWNER and CONTRACTOR when CONTRACTOR arrrecs to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire ready for its intended use CONTRACTOR. shall OWNER and ENGINEER in writing that the entire is substantially complete (except for items speci listed by CONTRACTOR as incomplete) and mque ENGINEER issue a certificate of Substantial Comp .of the Work to determine the status of completion. If INGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR inwriting giving the reasons therefor. If ENGINEER EICOCOt7URAL CONOITIOM 191"(IMEdtkN 30 wl C1TV OF FORT WLLIM MODIFICATIONS(RV4Ra00) considers the Worksubstantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have ven days after receipt of thse e tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If, after co sideruhG such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submisaon of the tentative certificate to OWNER ratify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work, substantially complete, ENGINEER will within said fourteen clays execute and deliver to OWNER and CONTRACTOR a definitive certificam of Substantial Completion (with a revisal tentative list of items to be completed a corrected) reflecting such changm.from the temauve certificate as ENGB LEER believesjustified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of resportibilities pending final payment between OWNER and CONTRACTOR with respect to seamty, o*ation safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be baling on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR fiom the Work after the dam of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Utilization: 14.10. Use by OWNER at OWNER'S option of any substantially completed pan of the Work which: () has specifrwllyy been identified in the Contract Documents, or (uM- )OWNENGINEER and CONTRACTOR agree constitutes a sepamlely functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant oaerderence with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to 'Substantial Completion of all the Weak subject to the following: 14.10.1.01VNER at any time may request CONTRACTOR in writing to permit OWNER to use my such part of the Weak which OWNER believes to be ready for is intended use and substantially costpplete. If CONTRACTOR agrees that such part of the Work is substantially complete. CONTRACTOR will certify, to OWNER and ENGINEER that such Mppaar of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that par of the Work. is 0 0 i • 0 the Work ready for for to 3INEER shell make an inspection of that partof Work to determine its status of completion. If XNEER does not consider that part of the Work to substantially iamplele. ENGINEERwill notify NER and CONTRACTOR in writing giving the onus therefor. If ENGINEER considers that part of Worktobe substantially complete, the provisions arogmphs 14.8 and 14.9 will apply with respect to ificauon of Substantial Completion of that part of Workandthe division of responsibility in respect cofand ac ess thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance ,with the requirements of pnmgmph 5.15in respect of property imumnce. - Final laspecitm I C L Upon written notice from CONTRACTOR that the entire Work or in agreed .portion thereof is complete, ENGINEER will make a final inspection with .OWNER and CONTRACTOR and will nadlyCONTRACTOR in writing of all particulars in which this inspection reveals that the Work is inconplete o dfecrive. CONTRACTOR shall immediatelytake such measures as are necessary to complete such work or remedy such deficicncica- Final Application far Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisractmn of ENGINEER and delivered in accordance with the Contract Documents all maimrnanoe :and operating ngrvction% .schedules,. guarantees, Bonds,. certificates or ;other evidence of insttnmce .required by paragcaph5A, certificates of inspection, marked -up record documcme (03 provided in paragraph 6.19) and other ibanmems, CONTRACTOR may make aplcation for fire"ay ment following the. ,procedure -fa prcgresspaymeno.he final Apptiption Cor payment shall be accompaN&1 Sexcepl .a ..previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance requred by subparagraph 5.4.13, (u) content of the surety, if any, to Intel paymcnt, and (m) cmople, and legally .effective releases. or waivers (aatisfecury, to OWNER)or all Liens arising out of re filed in cormik on, with the Work. In lieu of such releases or waivers- of Lora and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, scrvices, material and equipment for which a Lien could be filed, and (ii)all payrolls,. material .and equipment bills, and other indebtedness. connected with the Work for which OWNER or OWNER's property might in my way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCDC GENERAL CONDITIONS 1910E (1990 Edflm) aiC1TY OF FORT COUliB MODDTCAT16NS (REV 411000) to furnish such a release or receipt in full. CONTRACTOR may famish -a Bond err ahtr collateral .satisfactory to OWNER to indemnify OWNER against any Lim Releases or waivers of liens and the consent of the surd to fmali<e payment we to be=submitted on forms conforming to the format of the OWNER'S standard Corms bound in the Prgect'manual. Final Payment aml Acceptance: 14.13 If, on the basis of ENGrNEER's observation of the Work during coratruction and final irspectiat, and ENGINEER's review of the final Application for payment and accompanying documentationasrequired by the Contract Documents, 24GWEFR is satisfied that the Wort: has been completed and CONTRACTOR'S other obligations under the Contract Documens have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment indicate in wntig ENGINEER's recommendation of payment and present the Aoolication to OWNER for oavn nem. At the -same and CONTRACTOR that the Work is acceptable suhject to the, provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR. indicating in writing the reasons for refusing to'recommend final navment. in which case resubmit the Application. Thirty days after presentation to OWNER of the Application and accompianyt.ng documentation, in. appropriate form and substance and with ENGINEER's reo0mmendation and notice of acceptability, the amount recommended by ENGINEER will .become due, and will be paid by OWNER to CONTRACTOR subject to oaragmnh 17 6 2- of these aerteml Con ti It through no fault of CONTRACTOR final ion of the Wok is significantly delayed and if EER so confum% OWNER shall upon rcccipcof :ACTOR's final ADDItcation for Payment and the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the I emaining balance to be held by OWNER, for Wok notfu11y completed or corrected is less than the retaitiage stipulated m the Agreement, and if Bonds have been furnished as required in pamgaph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER. with the Application Car such payment. Such payment shall be made under the terms and conditions governing final payment, cxccpt that it shall not constitutea waiver of claims. Waiver of Claims: 14.15. The making and acceptance of foal payment will constitute: 14.15.1.a waiver of all claims by,OVWR agaimt CONTRACTOR, except claims .arising fran unsettled Lies, from ekfective Work appearing after 31 • 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid.tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 0 fbal -inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents a the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Conbact Documents, and 14,152,A waiverofall claims by CONTRACTOR against OWNER other than those previously madein writing and still unsealed .ARTICLE 15.SUSPENSION OF WORK AND TFRNI1NATION OWNER May Suspend (York: 15.1. At any time and without cause. OWNER may suspend the Workor any portion thereof for a period of not more than ninety rays by notice in writing to CONfRACTORand ENGINEER which will fix the date on which Work will be resumed. CONI'RAC'1'OR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Prim or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Ternumare: 15.2. Upon the occurrence of any one or more of the following events. 15.2.1. if CONTRACTOR persistently fails to perform the Work- in accordance with the Contract Documents (including, but not limited ter. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under pw"ph2.9 as adjusted from time to time pursuant to paragraph 6.6), 15.2.2, if CONTRACTOR disregards Laws or Regulations of any public body. hevingjurisdictiom 15.2.3. if CONTRACTOR disregards the authority of ENGINEER or 15.2.4. if CONTRACTOR otherwise violates in any -substantial way any provisions of the Contract Documents; OWNER may, alter giving CONTRACTOR (and the surely, if any) seven days' wriaen notice and to the extent .permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Wok and of all CONTRACTOR's tools, appliances construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability, to CONTRACTOR for trespss or cunvasion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has Mid EKDCGEFg CONDITIOIS 1910-9(1990 Edtim) 32 p{CITY OF FORT COLONS MODIFICATIONS tREV411000) CONTRACTOR but which are stored elsewhere, and finish the Work asOWNER may deem expedieril.. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting from completing the Warlcsuch excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance,.CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages insured by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated inn Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest prim far the Wed: performed 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect my rights or remedies of OWNER against CONTRACTOR then existingorwhich may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from. liability. 15.4, Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminatethe Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Doarmernts prior to the effective date of termination, 'including fair and reasonable sinus for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in. performing services and furnishing labor, materials o equipment as required by the Contract Documents m conncction with uncompleted Work, plus Lair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcon(mclos Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Strop Work ar Terminate 155. IC through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or hNGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any 0 r'1 0 0 stun finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment'en the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice .to my other right or remedy, if ENGINEER has faded to act of an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days tosay CONTRACTOR any sum finally determined to he due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR including interest thereon. The provisions of this pnmgaph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles I and 12 for an increase in Contract Price or Contract Times or otherwisefor expenses or damage directly attributable to OONTRACI'ORs stopping Work as pcmtittrd by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agmonent, such dispute resolution method and procedure, of any,, shall be asset forth in Exhibit GC -A, Dispute Resolution Agreement", to be attached hereto and made -a pail hereof. If no ,such agreement on the method and procedure for resolving. such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 ,and 9.12. OWNER and CONTRACTOR may exemise such rights or remedies as either may otherwise have under the Contract Documents or by Lam or Regulations in respect of miry dispute. ARTICLE I7—NUSCELLANEOUS G9rvrg Notice. 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given it delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice, 17.2. Computation of Time: 17 2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to 'exclude the first and include the last day of such period If the last day of any 'such pmad falls on a .Saturday or Sunday or on a day made a legalholiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EICDC OIT'ERAL CONDITIONS 1910.8 (199a Edtkn) wraTy OF FORT CULLIIS MODIFICATIONS (REV 4/1000) 17.21. A calendar clay of twenty-four hours measured fiom midnight to the next midnight will constitute a day_ Nonce ofCtainr: 173. -Should OWNER or CONTRACTOR -suffer injury or damage to person or,property because of any error, omission or act of the other party or of any of the other party's; employees o.agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance osuch injury or damage. The provisions of this paragraph 17.3'shall net he construed as a substitute for or a waiver of the provisions'of any applicable statute of limitaliwnsor ripose.Cumutodve Remedies 17.4. The duties and obligation anpnsod by these General Conditions and therightsand ranedies available hereunder to the parties hereto, and, in particular but without limitation, the aarianties, Ruaramms and paragraphs 612; 6.16, 6.30, 6 31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any myas;a limitatim of, any rights: and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other .provisions of the Contract Documents,and the provisions or this paragraph will be as effective as if. repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply, Pmfessionat Feesand Court Costsfrctuded 17.5. Whenever reference is made to "claims, costs, losses and damages% it shall include in each case, but not. be (united to, all fees and charges of engineers, archiitecK attorneys and other professionals and all court or arbitration or other dispute resolution costs 116. The laws of the State of Colomdo apply to this r MML. Reference to two nertinem Colorado statutes are as follows 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient finds to insure the payment of all claims for labor, materials team hires sustenance. Provisiom oovender, or other supplies used or consurned by CONTRACTOR or his 33 EJCDC OENERAL CONDITIONS 19108 (1990Emtnn) 34 wJ CITY OF FORT COLLINS MODIFICATIONS(REV4/2000) 0 (This page left blank intmfimally.) • EJCDCOENERAL COMMONS 19104 (1990 BMW W1 CITY OF FORT COLLINS MODIFICATIONS (REV V2000) • 35 0 VCDC0ENET01 C0NDITIOM 19108 (1990 Emtim) 36 w/ CITY OF FORT COLLINS MODIFICA noNS(REV4R000) 0 • EXHIBIT GC -A to General Conditions of the Construction .Contract. Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General,Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to tl)o Contract Uectunems ar the breach thereof (except Cor`cainis which have bent waived by the making o acceptance of Tonal pa ant as prdwided by paragraph 14:15) will be derided by arbitration m accordance with the Construction Indusry Arbitration Rules of the American Arbitration Association then obtaining .subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreementor consent to arbitrate entered into in accordance herewith as provided in this Article 16will bespccifically enforceable under the prevailing law of any court having jurisdiction, 16.2. No demand for arbitration of any claim, dispute. or other matter that is required to be refereed to ENGINEER tribally for decision in accordance with paragraph 9.11 will be. made until the earlier of (a) the date an which ENGINEER has rendered a written decision Or _ (b) the thirty-first day attic the parties have presented their evide= to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim• dispute or other matter will be.made later than dirty days aftei the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9. 11; and the failure to demand arbitration within said thirty days' period will result in ENGINE•ER's decision being final and binding. upim OWNER and CONTRACTOR If ENGINEER. renders a decision after arbitration proceedings have been initiated, sucli decision may be entered as evidence but will not supersedethe arbitration mcc«dings, except where the in t days after the party making such demand has Aeir, notice of intention to appeal as provided MO. 16.3. Notice of the demand for arbitration will be filed in writing. with the other party to the Agreement and with the American Arbitration Association and a copy will he sent to ENGWEER for information The demand for .arbitration will be made within the'thhty lsy nor taKlay period specified in paragraph 16.2 as applicable, aril in all other cases within a reasonable time alter the claim, dispute or other matter in question has arisen, and in no event shall any such rkmarid be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matte, in question would be barred by the applicable statute of limitations. FJCDC GENERAL CONDITIONS 1910-8 (1996 Mum) w/ CITY OF FORT. COLIJNS MODIFICATIONS (REV 9N9) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of rr relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER; ENGINEER'S Consultant and the officers, directors, agents, employees or consultantsof any of them) who is not a party to this contract unless: 16A.1. the inclusion of such other person or entity is necessary if complete relief is to'be aR'oded among those who:are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proc«dings, aril 16.4.3. the written consent of the other person ar entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraphs but no such comsem shall consumle consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identficd in such consent. 16.5. Notwithstanding paragraph 16.4. if a claim; r XF iVlc involves me Wort: of a 3twoorarricum. OWNER or -CONTRACTOR may join such itractor as a party to the arbitration between OWNER JNTRAC'TOR hereunder. CONTRACTOR shall in all subcontracts required by paragraph 6.11 a :.provision whereby the Subcontractorconsents to joined in an arbitration between OWNER and RACTOR involving the Work of such itractor. Nothing in this paragraph 16.5 nor in the en of such subcontract consenting to joinder shall any claim. right Or cause of action in favor of motor and against OWNER ENGINEER or JTEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbihntors will be final, judgment may be entered upon it in any court having jurisdiction thereof and it will not be 'subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall Cast submit any and all unsettled claims, counterclaims, disputes, and'otherr-matters. in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the. American Arbitration Association under 'the Construction Industry Mediation Rules of the American Arbitration 'Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initiating arbitration would irrevocably prejudice one of the parties: The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above steal] be suspended with respect to a dispute submitted To mediation within these same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of arty dispute submitted to mediation under this Agreement shall not serve as arbitrator of such disputeunlss.dherwim agreed. OC41 EICDC OENERAL CONDITIONS 1910-S (1990 Edltim) w/ CITY OF FORT. COLLINS MODIFICATIONS (REV 9M) rm r-1 171 • 0 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. u r1 U • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00300 BID FORM 0 7 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Parking Garages Repairs & Waterproofing CONTRACTOR: Summit Sealants Inc. PROJECT NUMBER: 7674 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing DATE: DATE: DATE: DATE: DATE: 0 Is 0 0 0 b & a a ) �@$k§ LLI 20Z02 ;§§!y !»`0-§; CL MCLw $ } \ � § % / 0 ( ) j \ { ) \ _ \ ©� _ -\ CL j {/ )§/< \ ! - ) ); f ) - 00 o w \/ } \ \® \\ \ §0 ( ƒ (j m - - -° o F ! ) / \I j»�/) & (2 ! 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OOtliJO100'SNI11 gig 9 la 1 • SECTION 00300 BID FORM PROJECT: 7674 Parking Garages Repairs & Waterproofing Place: Fort Collins, CO Date: 8/11/14 1. In compliance with your Invitation to Bid dated 7/21114 , 20 14 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 10% Bid Amount • ($ 10% of bid amount) In accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: United Fire and Casuality Company. 118 Second Avenue SF, Cedar Rapids, IA 52401 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents, 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. N/A through N/A 8. BID SCHEDULE (Base Bid) All Work required to construct the Project, complete, based on the Estimated Quantities given below, for the Contract Sum listed below and identified as the Contract Sum Based on Unit Prices. • 0dtllJO100'SNIllO3 1TJ0� a a s ,..w a w j►,�'` 6upoidaaleM t2_ �o sjieda a6eae 6ui ae suw o m i Q Q Q Q - V-_� ._-_._._-_._._.�._-_. I I _. _. _._._.p.� rl .�._ I I I _ Al i tg - i a-i----------- - - i ------------- - - i o- - i - ------------- 0 W _ tla ig- _ - i �bl i i o-i ---------------- i----------------- ----------- - --� - ----------------Ia I I ---- I I L 0 0 0 bui ooidialeM co sjieda� abejeE) BuNed SUIIIOO JA -------- F 7777 0GV'dOloO'SNIIIOO DJOJ buqooidialem 13 sjieda� a6ejeE) bullRd SUIIIOO -IJ 51 UP F �--= 1-1 L 0 0 0 E ao 0 0 e� v 6 f f 1 OOVHOIOO'SNI nOO ADD 6upoidjoleM Q sjiedad a6ejeE) BuNed SUIIIOO'IJ Ed - - - - - - - - - - - - - - - --- z Pi.. . ...... -------- ....... - - I. ......... ------ -------- ------ ......... VF.... . ... ..... i ... .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ............------- ........... ......... . .. ........ .......... ... ... . .... ......... .......... .. ....... ........... ........ .......... ... ....... ... ..... .. . ........... ....... ... ........... ........... .......... ..... 0 0 . .... .. ........... ........... ------ ..................... 1 -4 ...... ...... ........... ........... ....... ...................... .. . ....... .... . . - . . .......... ....... ----------- J...... bb (:b 6 0 0 0 n u • is is O(Mioloo'SNllloo ltloj a = w 6upoidialeM g e �R sjieda�j a6ejeE) 6uiNaed su1I100 'ld 4 o o� ------- e a U m W Q m 0 O' _ I� I I �I I I I I I I I I I -- i ----- - ---- ----- - - - I tj ; �$ A l l I I 6b 6 �6 b 6b 0 0 0 sum) a .{ \ ) b � j � �o!/de��e� } k§ §eide A «sale Gmed � E � 00010100'SNIT OO iA0J a T= 6upoidjejeM -Q sjleday a6eje!D 6uNed SUHIOO 'Idfili 19, g 161411�Hiuillilll Sze � � g a �'a $7essw e$x< r�4a.�Es�,_g ��eYpg04 t 2 ui 3�??$z �� .e8s ae 3 gl I: H I � p��i w i a3 ova" z a Ya s� pB�a € LL a¢angos$ v x Vl0 �k�5� � p0 • �U • UE lit < �e ao F; W sw �_�g n" w � a � " r �3 a e£ u � m �.� g X� `u � k �a a o-Si �Y ` i lot s o Sg== 4 �3g °a Q 4 g a $ tee fig$` ?I = o 9 21 a 2ESB e . 3c $�Y�T3 =8121 s ly €�$� s a 3" w {a± a$ L¢i 6 z 0 5 ` z \ o oz tl o zi �sv �� a �"� �¥€� a§ $ �ff y wam £� gg rn oak g lit � ry 1f1 ��1 �� a3 R tl > yy,. Y z 0p qq w z U a3 U F �Q �w �Y b � yY`9z g olgg� 4 Y�� g alt 5 n oo m z g � U eISIT W - - e cg F ry �yg�qy ✓as�m3 � H�F 3« a. y �a-3a 4 4 yff a�6�Y 4 %N 94Vttl03Y+P3JY.a�03 w vvw�nSe'eW+l rvwn w-sIOSWV+un� We ROv>II n seerm'� vo95vm el xes wry P] U Listed below in the Work Tabulation and Unit Price Schedule are Unit Prices for specific portions of the Work. These Unit Prices must be furnished by the Bidder as part of the bid, and are applicable only to variations from the Contract Documents. They will be used to calculate the price adjustments for additions or subtractions to the quantity of work required. Where actual work quantities, as authorized by the City of Fort Collins in writing, vary materially from the Estimated Quantities listed in the Schedule below, the Contract Sum Based on Unit Prices as stated below will be adjusted on the basis of Unit Prices as directed by the City of Fort Collins as follows: 1). Where the work quantities are greater than the Estimated Quantities, the Contract Sum Based on Unit Prices will be increased by the product of the additional quantities which are greater than the Estimated Quantities, and the corresponding Unit Prices listed below. 2). Where the work quantities are less than the Estimated Quantities, the Contract Sum Based on Unit Prices will be decreased by the product of the actual quantities which are less than the Estimated Quantities, and the corresponding Unit Price listed below. Civic Center Parking Garage — Base Bid Reference Item Item Description Spec Estimated Unit Unit Price Work Item No. Section or Quantities ($/Unit) Total ($) Drawin *" Mobilization & General LS *NA * 4,896.00 Conditions Epoxy inject cracks greater than 1 1116" wide in the spandrel panel 8/S3.0 115 LF 62.50 * 7,187.50 on level 5 where noted on plan. Install protective coating to repaired spandrel panels on level 5 where noted on plan. Apply coating to the inside face of the panel from the parking deck to 2 the top of the panel. Color to 9/S3.0 170 LF 7.00 * 1,190.00 match existing and be approved by the City of Fort Collins prior to installation. For bidding purposes, assume 50% of the area noted to be tan, and 50% of the area noted to be red. Replace the failed connections 3 along the double tees where 6/S3.0 20 EA 250.00 * 5,000.00 snow is stored. Replace horizontal and vertical 4 exterior building joint sealants 4/S3.0 6,500 LF 4.25 * 27,625.00 around the building perimeter with a silicone sealant. Quantity i Reference Item Item Description Spec Estimated Unit Unit Price Work Item No. Section or Quantities ($/Unit) Total ($) Drawin ** shown includes the exterior face on all sides at all levels and the joints around the column pilasters above the top p rking level. Replace horizontal sealants 5 between double tees on level 5 4/S3.0 2,750 LF 3.25 * 8,937.50 with silicone sealant. Replace typical cove joint sealants at vertical to horizontal 6 interfaces including slab to 5/S3.0 865 LF 3.55 * 3,070.75 spandrel, and slab to column interfaces on level 5 where noted on plan with silicone sealant. Replace cove joint sealants greater than 2" wide between 7 horizontal to vertical interfaces 11/S3.0 40 LF 4.25 * I70.00 with an evasote joint and silicone sealant. Install MasterProtect H 400 by 8 BASF or approved equal to the N/A 24,000 SF .40 * 9,600.00 slab on level 5. Replace cove joint sealants at 9 wall to slab -on -grade with 5/S3.0 1,200 LF 3.55 * 4,260.00 silicone sealant. Replace sealant in cap stone 10 mortar joints with silicone 7/S3.0 7,200 LF 4.15 * 29,880.00 sealant. Replace sealant installed at rail 11 posts on the top level with 10/S3.0 31 EA 25.00 775.00 silicone sealant. Repair joint edges along double- 12 tee flanges as required to 2/33.0 45 SF 45.00 2,025.00 redefine the properjoint profile. TOTAL: Contract Sum for the Civic Center Base Bid Based on Unit Prices * 104,616.75 In Words: One Hundred Four Thousand, Six Hundred Sixteen and 751100 Dollars 0 Old Town Parking Garage — Base Bid Reference Item Item Description Spec Estimated Unit Unit Price Work Item No. Section or Quantities ($/Unit) Total ($) Drawin ** Mobilization & General - LS *NA * 1,759.00 Conditions 13 Epoxy inject cracks in structural 8/S3.0 165 LF 62.50 * 10,312.5 members where shown on Ian. Replace sealant in horizontal flange to flange joints with 14 polyurethane sealant where 4/S3.0 285 LF 3.10 * 883.50 shown on plan. Submit product data to engineer for review and approval. Replace cove joint sealants where shown on plan with 15 polyurethane sealant. Submit 5/S3.0 120 LF 3.15 * 378.00 product data to engineer for review and approval. Replace horizontal and vertical exterior building joint sealants around the building perimeter with a silicone sealant. Quantity shown includes the exterior face 16 on all sides at all levels and the 4/S3.0 1,600 LF 4.25 * 6,800.00 joints around the column pilasters above the top parking level. Coordinate installation with the urethane sealants on the top level to ensure full cure of all materials. Replace cove joint sealants at 17 wall to slab -on -grade with 5/S3.0 100 LF 3.55 * 355.00 silicone sealant. TOTAL: Contract Sum for the Old Town Base Bid Based on Unit Prices 20,488.00 In Words: Twenty Thousand, Four Hundred Eighty -Eight Dollars TOTAL BASE BID FOR CIVIC CENTER PARKING GARAGE & OLD TOWN PARKING GARAGE $ 125,104.75 IN WORDS: One Hundred Twenty -Five Thousand, One Hundred Four and 75/100 Dollars C� 0 Civic Center Parking Garage — Add Alternate Reference Item Item Description Spec Estimated Unit Unit Price Work Item No. Section or Quantities ($/Unit) Total ($) Drawin ** Replace horizontal sealants Al between double tees on the 4lS3.0 6,000 LF 3.25 * 19,500.00 exposed portions of level 4 with silicone sealant. Replace cove joint sealants at vertical to horizontal interfaces A2 including slab to spandrel, and 5/S3.0 1,000 LF 3.55 * 3,550.00 slab to column interfaces on level 4 where noted on plan with silicone sealant. Install MasterProtect H 400 by A3 BASF or approved equal to the N/A 45,000 SF 40 * 18,000.00 slab on the exposed portions of level 4. Repair joint edges along double- A4 tee flanges as required to 2/S3.0 85 SF 45.00 * 3,825.00 redefine the ro er joint profile. 0 TOTAL: Contract Sum for the Civic Center Add Alternate Based on. Unit Prices * 44,875.00 In Words Forty Four Thousand, Eight hundred Seventy -Five Dollars Old Town Parking Garage — Add Alternate Reference Item Item Description Spec Estimated U nit Unit Price Work Item No. Section or Quantities ($/Unit) Total ($) Drawin ** Repair concrete delaminations in A5 the slab of the top level that the 1/S3.0 280 SF 34.00 * 9,520.00 remaining budge allows for. TOTAL: Contract Sum for the Old Town Add Alternate Based on Unit Prices * 9,520 In WordS: Nine Thousand, Five Hundred Twenty Dollars 3). Additional rates for labor and materials for work beyond those items described above shall be submitted as part of the bid. , when authorized by the Engineer: Labor Rate Table***: N/A Hr CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1•- 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS • 0 Materials: Reasonable cost to Contractor plus a mark-up of * 10.00 % *: To be entered by the bidder as a required part of his bid. **: Reference specification sections or drawings are provided for ease of reference only and are not intended to limit the extent of the Work as contained in these Contract Documents. ***: The bidder shall submit a labor rates for all anticipated personnel. The rates listed should be inclusive of all items except materials used on the job. The actual quantities of work will be field measured by the Contractor and verified by the City of Fort Collins with assistance from their consulting engineer. All Unit Price work will be paid for on the basis of accumulated quantities. The contractor will issue a proposed construction schedule along with the bid. The proposed schedule should include available start date (assuming Notice to Proceed given by the City of Fort Collins to the Contractor), number of weeks required to substantially complete the Work, weekly crew size to accomplish the schedule, and estimated completion date. Downtime due to weather will be in addition to these days, and will be defined as days or half -days in which work could not reasonably be efficiently performed, in the opinion of the Contractor and the City of Fort Collins due to weather - related conditions. • 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Sommil Sealants, Inc. CONTRACTOR BY: laced, I lolland 8/8G014 Printed Date President or Restoration Division Title 2,13203 License Number (If Applicable) (Seal - if Bid is by corporation) // / Attest: edix L"teero & T, Add✓rJe/sjs�/��lo s..6 %%� C /�/¢/_ r/✓� . `C�Q�.GOcp,PORq'�� /�/��JZ EAL S2002 '� Telephone ...... Email 114t7r_4_ _ SQM/?7/77RfCi CiL�y7 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Summ; t Caa 1 a nt a 7nC as Principal, and United Fire & Casualty, as Surety, are hereby held and firmly om an bound unto the City of Fort Collins, Co oraaD, OWNER, in the sum of $ 10.E of Bid Amount for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7674 Parking Garages Repairs & Waterproofing. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the . form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of August 6 , 201 4. and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Summit Sealants, Inc. Address: 13671 Carefee Dr. Montrose, CO 81403 Tltie. �� 1A u bap 0 Cl ATTEST: By.S (SEAL) Pd. TS&9,, oFq(9m.' �OAADO SURETY United Fire & Casualty Company f 67.Wtl Cedar Rapids, IA 52407 Title: Customer Service Agent UNITED FIRE&.CASUALTY COMPANY, CEDAR RAPIDS, TA :Inquiries: Surety Department " UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX 118Second Ave SE 'FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids,1A 52401 CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home, Office of Company —See Certification) ; OW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of.the State of Iowa; UNITED FIRE & INDEMNITY'. COMPANY, a corporation duly organized and existing under the laws of the State of Texas;' and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized' and existing under the laws of the "State of California (herein collectively called. the Companies)l, and havingg their`corrpporate headquarters in Cedar Rapids, State of Iowa does make, constitute and appoint " vI CTOR'' FAWLEY, OR'•TERRY KRAF'T,"1OR LEANORA LUDLAM; OR CARRIE 'KONAS, ALL INDIVIDUALLY of GRAND JUNCTION CO their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that nosingle obligation shall exceed $2, 500, 000. 00 . sand to bind the Companies therebyas fully and to the sameextent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.' The Authority hereby granted shall "expire the 1Oth•day of October, 2015 unless sooner revoked by UNITED, FIRE& CASUALTYCOMPANY, UNITED FIRE &'INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY..': " This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors.of.UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL. PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" ' Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance,`bonds, undertakings and other obligatoryinstruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and ..,• •'._.binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject "to the limitations set .. forth in their respective certificates of authority shall have full power to bind the Companies by thew signature and execution of any, such . 'instruments and to attach thiY seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may_at any time revoke all power and authority previously given to any attomey-in-fact. In. ell", y IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its, :Gryl,a nllulo//, 111111....... QP4��Ppe�l�e'vice president and its corporate seal to be hereto affixed this 10th day of October, 2013 �7 5 EEg s_, �3loLrz3°.;_ UNITED FIRE& CASUALTY COMPANY SEAL s pn sEAL 19aB, P= UNITED FIRE & INDEMNITY COMPANY' 1/FOP," P ` FINANCIAL PACIFIC INSURANCE COMPANY _ State of Iowa, County of Linn, ss. —// -e President ^`On loth day of October, 2013, before me personally came Dennis J. Rlchmann ' to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, Slate of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY' COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC . ;= INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knowsthe seal of said corporations; that the seal affixed to the said instrument is such, corporate seal; that it was so -affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authorily, and acknowledges same to be the act and deed of said corporations. oN ee Judah A. Davis eA - Iowa Notarial Seal H Notary Public Commission number 173041 My commission a pires: 4/23/2015 My Commission Expires 4/2312015 I; David A Lange, Secretary of UNITED FIRE & CASUALTY' COMPANY and Assistant Secretary of ITED FIRE & INDEMNITYCOMPAN Y,: " :+and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power' oSAttorney and affidavit, and the copy ,of.the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the . . -ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals; and that the said Power of Attorney has not been revoked and is now in full force and effect. " In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 6th; dayd :August ... 20 14':. `\\lllllllllll/, \\:1H01111_ I(,. \11111111 GSfL.. bi +J[y.7lA \4\OIaaUX' _,_,9 conronAie coneoaArE .^ ioirz; °S_ By: •� y _ _U C .D ever vpp yYwL Y� -Z2i _. 19s6 a- %i',',Do•�� %'�n'u"n\\\: `� ,,,,,Innlmlo••e� Secretary, OF&C Assistant Secretary, OF&I/FPIC. BPOA0045.0913 .. 0 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Submit evidence that the company has minimum of 5 years continuous experience in structural repairs and waterproofing of parking garages. Experience in the application of the specified materials and anticipated vehicular traffic coating scope of work for future years is required. Submit list of at least five (5) completed project references of similar scope and size, within the last 5 years including: 1. Project name 2. Owner's name 3. Owner's representative name, address, and telephone number 4. Description of work 5. Repair and waterproofing materials used 6. Project supervisor 7. Total cost of project 8. Completion date Submit evidence that the company is approved, authorized, or licensed by traffic -coating • manufacturers to apply traffic coatings and that the company is eligible to receive traffic -coating manufacturer's warranties. Must have installations of major product manufacturer materials (BASF, Sika, Neoguard, Tremco, etc.) in the Front Range area in use for minimum of five years. Must employ foreman who have been trained by traffic -coating manufacturers and with minimum of 5-years' experience as foreman on similar projects, who is fluent in English, to be on site at all times during work Name of Bidder: Summit Sealants, Inc. 2. Permanent main office address: 13671 Carefree Dr. Montrose, CO 81403 3. When organized: March 29, 2002 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 10+ years 11 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: See attached project list. 14. Background and experience of the principal members of your organization, including • officers: See attached resumes 15. Credit available: $_ 100 nnn 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor?. If yes, in what city, county and state? See attached license list What class, license and numbers? See attached license list 0 D1 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: Waterproofing dampprooflnclIOlnt sealing, flrestoppinq, concrete repair, 8. Have you ever failed to complete any Work awarded to you?hiR If so, where and why? ❑I 9. Have you ever defaulted on a contract?. If so, where and % Are you debarred by any government agency? If yes list agency name 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. See attached list • 19. Do you anticipate subcontracting Work under this Contract?. If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL 21. What are the limits of your public liability? DETAIL See attached sample certificate of Insurance What company? 22. What are your company's bonding limitations? 3 000.000 aggregate 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at pSEI Cb this 312' day of , 20JR WW't Sealants, Owner State of. 111e /... Co unty of,, kMSAD - 1�ry being duly sworn deposes and says that he Is QlJV1 PiY of IAAYIITA 10AA i �ho (Name) (Organization) \J SECTION 00020 INVITATION TO BID it L Project: 3rd Floor Surgery Addition, VA Hospital - Grand Owner., US Department of Vahan's Affairs Junction, CO I • Neenan Archistmction Contract Architect: 2620 E Prospect Road, Suite 100 Amount: $ 48,000.16 Fort Collins, CO 80525 General The Neenan Company Phone: 97 747 893.5869 Contractor: 2620 E. Prospect Road, Suite WO Contacts: Fax: 970a-4393- Fort Collins, CO 80525 Scope of Joint Sealing, Expansion Joints Completion Aug-2011 Work., Date. Project. Dowd Junction Pre-K - 8 TAB Assoclates, Inc. 0056 Architect., Edwards Villas Blvd., Ste 210 Edwards, Cc 81632 General Evans Chaffee Construction Group, Inc Contractor., P.O. Box 8266, 77 Metcalf Rd Avon, Cc 81620 Scope of Joint Sealants - Cut out and recaulk Work., Eagle County School District Owner: PO Box 740 Eagle, CO 81631 $ 97,329.00 Contacts: Phone: 970-845-0466 Fax: 970-845-0465 Completion Aug-2011 Date: Llonshead Transit Center- Phase 1 Project: Town of Vail Owner: 75Frontage Road Improvements Vail, CO 81657 4240 Architecture 3003 Contract Architect: Larimer Street Denver, Amount: $ 50.900.00 CO 80205 General FCI Constructors, Inc. PO Phone: 970-434-9093 Contractor: Box 1767 Grand Contacts: Fax: 970-4347583 Junction, CO 81402 Scope of Weather barriers, joint sealants, traffic coatings. ComDate:pletion Aug-2011 - ' Colorado Northwestern Community College Project: CNCC Academic B Careeer Buildings Owner., 50 College Drive -' Craig, CO 81625 Anderson Mason Dale Architects Contract Architect: 3198 Speer Blvd. Amount: $ 56,154.00 Denver, Colorado, 80211 General Adolfson and Peterson Phone: 303-363-7101 Contractor., 797 Ventura St. Contacts: Fax: 303-363-9251 Aurora, CO 80011 Scope of Weather barriers, Joint sealants. Completion Feb-2011 Work., Date: Eagle County, Colorado Project: Eagle County Justice Center Owner., P.O. Box 850 Eagle, Colorado 81631 Reilly Johnson Architecture Contract Architect: 1775 Sherman St. #1320 Amount: $ 53,544.00 Denver, Colorado, 80203 General FCI Constructors, Inc. PO Phone. 9,70-434-9093 Contractor., Box 1767 Grand Contacts: Fax: 970-4347583 Junction, CO 81402 Scope of Joint sealants, firestopping, expansion Joint covers Completion Jan-2011 Work., Date: AMLI Management Company Project: AMLI @ Inverness Pool Repair Owner., 7400 E. Orchard Rd. # 2050N is Greenwood Village, Co 80111 Martin/Martin, Inc. Contract Architect: 12499 W. Colfax Ave. $ 274,589.20 Lakewood, Colorado 80215 Amount: General work for owner Contacts: Mark Jenkins Contractor. Phone: 720-489-1700 Scope of Concrete Resoration & waterproofing Completion Mar-2012 Work: Date: Department o t e ntenor Project: Farmington BLM Field Office Owner., Bureau of Land Management PO Box 25047 Denver, CO 80225 AMD Architecture Contract Architect., 311 South 900 East Suite 103 $ 59,995.30 Salt Lake City, UT 84102 Amount. General Smith Constuction Management Phone: 623-434-2300 Contractor: West Glenn Drive, Suite 275 Contacts: Fax: 623A34-2310 Glen Glendale,AZ 85301 Scope of Dampproofing, waterproofing, joint sealants, Completion Work: firestopping Date: Feb-2012 ROC-SCCP Cherry Creek Project: Denver Health - Campus Bldg. A Owner., 5295 S. Commerce Dr#175 Murray, UT 84107 Wiss, Janney, Elstner Associates, Inc. Contract Architect. 3609 S. Wadsworth Blvd., Suite 400 $ 274.007.00 ... Lakewood. Colorado 80235 Amount., • General Contractor: work for owner - Contacts: Phone: 720-528-3344 Fax: 303-796-8388 Scope of Joint Sealants Completion Jan-2012 Work: Date: Project. Woodrun V Townhouses menenaez mcmmcrs Architect., 715 W. Main Street Suite 104 Acnnn rininrsdn MA11 General R.A. Nelson Contractor: P.O. Drawer 6400 Avon, Colorado 81620 Timberline Condominium Association Owner: PO Box 591 Dillon . CO 80435 Contract $ 51,867.30 Amount: Contacts: Phone: 970-748-7662 Fax: 970-949A379 Scope or Waterproofing, Joint Sealants, Deck Coating Completion Dec201t Work: Date: Snowbridge Square Condo Assn. Project: Snowbridge Square Owner: PO Box 4533 Frisco, CO 80443 Architect., General Fall Line Property Management LLC Contractor: Attn: Jody Schmidt PO Box 3814 Scope of • Work., Structural Concrete repair & coating Contract $ 99170.00 Amount., Contacts: Phone: 970S184378 Email: schmidt2222@hotmail.com Completion Nov-2011 Date: Village Square, HOA, Inc. Project: Village Square Owner., 189 Ten Mile Circle Copper Mountain, CO 80443 Wiss, Janney, Elstner Associates, Inc. Contract Engineer., 3609 S. Wadsworth Blvd., Suite 400 Amount: $ 30,287.00 Lakewood, Colorado 80235 General SCS. Inc. 3440 Youngfield Street #360 Contacts: phone: 30 302 4431-2443 Contractor: Wheat Ridge, CO 80033 Fax: 303-431- Scope of Structural concrete repair to Inverted T beams, Completion Aug 2012 Work., Twin Ts & Foundation Walls Date: Project: Our Lady of Peace Catholic Church Eidos Architects Architect. 5400 Greenwood Plaza Blvd. Greenwood Village, CO 80111 General Himmelman Construction, Inc. Contractor: 12560W. Cedar Drive Lakewood CO 80228 Scope of Joint Sealants, fireproofing Work: Project: Farmers Kgmer-North Plant Restoration uarono cngmeers Architect. 2700 Ygnaclo Valley Road, Suite 300 Walnut Creek CA AdSAA General Glacier Construction Co., Inc. Contractor. 6490 E. Crescent Parkway, Suite 250 Greenwood Village, CO 80111 Scope of Concrete Floor Epoxy Overlay Work: Project: Kayenta Lodge DTJ Design, Inc Architect: 3101 Ids Ave # 150 Boulder, CO 80301 General Seagren Construction, LLC Contractor: 21353 E. Nichols Pkwy. Aurora, CO 80016 Scope of Pedestrian Traffic Coating Work., Owner: Our Lady of Peace Chatholic Church Contract $ 32,892.00 Amount: Contacts: Phone: 303-790.1984 Fax: 303-790-1988 Completion Jul-2012 Date: Upper Blue Sanitation District Owner: 1605 Airport Road Breckenridge, CO 80424 Contract $ 147192.00 Amount: - Brian Doerr Contacts: Phone: 303-221-5383 Completion Jun-2012 Date: Gateway Canyon Resort Owner: 43200 Highway Gateway, CO 81522 Contract $ 31,228.00 Amount: Contacts: Bill Robison Phone: 303-690-7404 Completion May-2012 Date: Town of Vail Project: Lionshead Transit Welcome Center Owner., 75 S. Frontage Road Vail, CO 81657 4240 Architecture 3003 Contract Architect: Latimer Street Denver, Amount., $ 106,975.00 CO 80205 General R.A. Nelson Phone: 970-748-7662 Contractor: P.O. Drawer 5400 Contacts: Fax: 970-9494379 Avon, Colorado 81620 Scope of Dampproofing, Fluid applied waterproofing, Completion Work: Weather barriers, joint sealants, traffic coatings, Date: May-2012 expansion joints oil Vail Clinic, Inc. Strawberry Park Condominiums in Beaver dba Vail Valley Medical Center Project., Strawberry CO Owner' PO Box 40000 Vail, CO 81658 Was, Janney, Elstner Associates, Inc. Architect., 3609 S. Wadsworth Blvd., Suite 400 Lakewood, Colorado 80235 General Contractor: work for owner Scope o/ Work: Concrete Resoration & waterproofing Project: Mesa Verde Visitor & Research Center AJC Architects Arohffect., 703 East 1700 South Salt Lake City, UT 84105 PCLConstruction Services, Inc General 2000 South Colorado Blvd Contractor: Tower Two, Suite 2-500 Denver, CO 60222 Contract $ 96,576.06 Amount., Contacts: Dan Feeney Phone: 970-390-6493 Completion Nov-2012 Date: Owner., National Park Service Contract $ 32.377.00 Amount: Contacts: Phone: 303-365-6500 Fax: 303-365-6590 Scope of Joint Sealants Completion Nov-2012 Work: Date: 1825 Arapahoe, Project: Skyline Apartments Owner., 1825 Arapahoe Denver, CO 80202 James Martin Architectural Contract Architect., 920 Inca Street, Amount: $ 196,078.00 Denver, CO 80204 • General work for owner Contacts: Phone: 720-261-6967 -- Contractor. Fax: ' Scope of Work: Facade repairs & balcony coatings Completion Date: Nov-2012 ' DPC Realty & Management Project., 1580 Logan Street - Parking Garage Repair Owner: 7000 East Belleview Ave, Suite 300 Greenwood Village, CO 80111 Architect: Contract $ 37,075.00 Amount: General work for owner Contacts: Phone: 720-528-3344 Contractor; Fax: 303-796-8388 Scope of Work: Structural concrete repair, epoxy injection Completion Aug-2012 Date: Project: Orchard Avenue Student Housing Owner., State of Colorado Colorado Mesa University Design West Architects Architect: 255 South 300 West Contract $ 33,845.00 Logan, UT 84321 Amount., General Shaw Construction, LLC Phone: 970-242.9236 : 970 242.923 Contractor.- 760 Horizon Dr Contacts: Fax: 70-241-5618 Grand Junction, CO 81506 Scope of Joint Sealing, waterproofing Completion Aug-2012 • Work., Date: Aspen Valley Hospital Project: Aspen Valley Hospital Expansion Owner., 0401 Castle Creek Road Aspen, CO 81611 Heery International Contract Architect., 820 161h Street Mall Ste. 200, Amount: $ 78,675.00 Denver, CO 80202-3219 General Haselden Construction Phone: 303-751.1478 Contractor. 6950 South Potomac Contacts: Fax: 303-751-1627 Centennial, C080112 Scope of Joint Sealants Completion Aug•2013 Work: Date: Grand Junction Public Safety Building and Fire City of Grand Junction Project: Owner. 250 North 5th Street Administration Building Grand Junction, CO 51501 Blythe Group & Company Contract Architect: 618 Rood Ave Amount., $ 71,529.00 Grand Junction, CO 81501 General Shaw Construction, LLC Robed Glover Contractor: 760 Horizon Or Contacts: Phone: 970-242-9236 Grand Junction, CO 81506 Scope of Joint Sealants Completion May-2013 Work., Date: Project: Aspen Grove Lifestyle Center Alamo Owner., DDR Corporation 330 Enterprise Parkway Drafthouse Cinema Beachwood, OH 44122 Hodges & Associates, PLLC Contract Architect: 13642 Omega Amount: $ 60,902.00 ,. Dallas, TX 75244 .. . General Layton Construction CO, Inc Phone: 801-568-9090 Contractor: 9090 South Sandy Pkwy Contacts: Fax: 801-569-5450 Sandy, UT 84070 Scope o/ Joint Sealing, waterproofing, vapor barrier, Completion Mar-2013 Work., firestopping Date: _ The Taubman Company Project: Cherry Creek Shopping Center Owner. 200 East Long Lake Road, Ste 300 Bloomfield Hills, MO 48304 Neumann Smith Architecture Contract Architect: 400 Gallons Offioenler, Ste 555 Amount: $ 465,004.00 Southfield, MI 48034 General The Weitz Company Phone: 303-860-66 71 Contractor: P.O. Box 4536 Contacts: 98 Fax: 303-860-6698 Frisco, CO 80443 Scope of Concrete repair, coatings, joint sealants Completion Feb-2013 Work., - Date: Project. Rangely District Hospital Expansion Davis Partnership Architects Architect: 2301 Blake Street, Ste 100 Denver, CO 80205 General Adoffson and Peterson Contractor., 797 Ventura St. Aurora, CO 80011 Scope of Joint Sealants, expansion joints Work., Owner., Rangety, District Hospitat Contract $ 51,799.00 Amount: Contacts: Phone: 303-363-7101 Fax: 303-363-9251 Completion Nov2012 Date: r1 U Leprino Foods . Project., Leprino/Comet Owner. 1830 West 38th Ave Denver, CO 80211 E. A. Bonelli & Associates Contract Architect: 2922 West Main Street Amount: $ 210.864.00 Visalia, CA 93291 General Lamar Construction Company Phone: 616.662-2927 Contractor., 4404 Central Parkway Contacts: Fax: 616-662-2944 Hudsonville, Ml 49428 Scope of Joint Sealants Completion Mar-2014 Work; Date: Staples, Inc. Project: Staples Parking Garage Repairs Owner: 500 Staples Dr. Framingham, MA 01702 Architect: Contract $ 54,743.00 Amount: General Sandy White Contractor.- Work for Owner Contacts: Phone: 508-253.5406 Fax: 508-309-5701 Scope of Concrete Repair, Expansion Joints & Joint Completion Feb-2014 Work: Sealants Date: Legacy III GRNWD VLG LLC/Legacy Project: Prentice Point Structural Repairs Owner: NXS#33152-v.0001709 P.O. Box 7659 - Merrifield, VA 22116 - 7659 Architect: Contract $ 90,072.00 Amount. • General Contractor: work for owner Contacts: Jessica Tooker phone: 303-694-0311 Scope of joint sealing, waterproofing, expansion joint repair Completion Nov-2013 Work: ,. Date: - Project. Alamo Piacitas Condos Owner., Alamo Piacitas Condo Owners Association Architect: Contract $ 117,738.00 Amount: General Hammersmith Construction Services phone: 303.980-7439 Contractor: 5619 DTC Parkway Suite 900 Contacts: Fax: 303-980-7555 Greenwood Village, CO 80111 Scope of Work., Deck coating repair, joint sealants, traffic coatings Completion Date: Sep-2013 Aspen Valley Hospital Project. Aspen Valley Hospital - Affordable Housing Owner., 0401 Castle Creek Road Aspen, CO 81611 Heery International - Architect. 820 16th Street Mail Ste. 200, Contract $ 34,440.00 Denver, CO 80202-3219 Amount Haselden Construction Phone: 303-751-148 Contractor: Contractor., 6950 South Potomac Contacts; Fax: 303751-1627 Centennial, CO 80112 Scope of Joint Sealants and expansion joints Completion Aug-20t3 Work: Date: 0 635 E. Hopkins, LLC Project: Berg Residence Owner: 532 East Hopkins AVE Aspen, CO 81611 Oz Architecture Architect: 3003 Ladmer Street Denver, CO 80205 General Shaw Construction, LLC Contractor., 760 Horizon Dr Grand Junctton, CO 81506 Scope of Joint Sealants Work: Project: Hyatt Mountain Lodge Repairs Wiss, Janney, Elstner Associates, Inc. Architect., 3609 S. Wadsworth Blvd., Suite 400 Lakewood, Colorado 80235 General Work for Owner Contractor., Scope of Waterproofing, concrete repair Work: Contract $ 62,847.00 Amount., Contacts: Phone: 970-242-9236 Fax: 970-241-5618 Completion May-2014 Date: Owner. Mountain Lodge Condominium Association Contract $ 101,645.00 Amount., Contacts: Phone: 970-790-2310 Fax: 970-949-9366 Completion Apr-2014 Date: Western State College Project., Western State College - Field House Owner., 600 N Adams Street Gunnison, CO 82130 Sink Combs Dethlefs Contract Architect: 476 Lincoln St. Ste 100 Amount: $ 106,653.00 Denver, CO 80203 Genera! JE Dunn Construction -0217 Phone:-19-4 7171-0278 Contractor: 1120 W. Moreno Ave. Contacts: Fax: 719-0278 Colorado Springs, CO 80905 . Scope of Joint Sealants, waterproofing, dampproofing, Compleflon Apr-2014 Work: expansion control Date: . - J. W. Service Project. Van Dyke Apartments Owner. .. 4280 East Iowa Ave. .. Denver, CO 80222 Infrastructure Consultants Engineers, LLC. Contract Architect., 5601 southmoor Lane Amount: $ 76,891.00 Englewood, CO 80111 General Work for Owner Contacts. Phone: 303-758-4280 Contractor: Scope of Concrete repair, Waterproofing Compleflon Apr-2014 Work: Date: BOP Republic Plaza I LLC Project: Tremont Parking Garage Repair Owner: 307 17th Street, Ste #3700 Denver, CO 80202 Architect: General Work for Owner Contractor., Scope of Concrete repair & replacement, Joint Sealants Work: Contract $ 184,878.00 Amount., Contacts: Kit McPhall-Bowman Phone: 303-595-7034 Completion Mar-2014 Date: • U' y�'owr MIL'04i S. TtESTORTITiON SE1tVIDES 13671 Carefree Drive, Montrose, CO 81403 970.240-6971 Fax:970-240.0951 Major Completed Projects: LBA Realty, LLC Project., Financlai Plaza South Walkway Owner: 4601 DTC Boulevard, Sulle 120 Denver, CO 80237 Architect: General Work for Owner Contractor: Scope of Concrete repair Work: Contract $ 124,446.00 Amount: Contacts: Phone: 303-708-1234 Fax: 303-708.1222 Completion Jul-2014 Date: Project: Ignacio Elementary School Owner., Ignacio School District RTA Architects Architect., 19 S Tejon St #300 Contract $ 39,060.00 Colorado Springs, CO 80903 Amount: General Okland Construction Toby Tatum Contractor: 182 Girard Street, Unit B Contacts: Phone: 970-247-0477 Durango CO 81303 Scope of Work., Waterproofing, Joint Sealants, Grafitli Control Completion Jun-2014 Date: Stanvood Hotel and Resorts Project: Sheraton Steamboat Resort - East Tower Owner: One StarPoint Stamford, CT 06902 . Eric Smith Associates, P.C. Architect: 600 S. Lincoln Ave., #201 Contract $ 438.761.00 Steamboat Springs, CO 80487 Amount: General Summit dck California Street ` Contacts: Allan Williams - Contractor Den Denver, CO 80202 Phone: 720-420-3545 - Scope of Structural and masonry repairs Completion Jun-2014 Work: Date: Joint Powers Water Board Project. Green River-Clearwell Repair Owner: 3 Telephone Canyon Rd Green River, WY 82935 Architect: AVI 1103 Old Town Lane, Suite 101 Contract Amount: $ 161,288.00 Cheyenne, WY 82009 General DeBernardi Construction Company, Inc Rob DeBernardi Contractor: 614 G Street Rock Springs, WY 82901 Contacts: Phone: 307-382.8034 Scope of Work: Chemical grout injection Completion May-2014 Date: City of Aspen Project: Burlingame Ranch Phase II Owner: 130 S. Galena St. Aspen, CO 81611 Oz Architecture Architect. 1805291h Street, Suite 2054 Contract $ 98,639.55 Boulder, CO 80301 Amount: General Haselden Construction Joe Niew ohner ohner9-2625 Contractor: 6950 South Potomac Centennial, CO 80112 Contacts: Phone: Scope of Work. Waterproofing, Moisture barrier, Joint Sealants Completion May-2014 Date: Project: Phillip S Miller Park Sink, Combs, Dethlefs Architecture Architect: 475 Lincoln St. Ste 100 Denver, CO 80203 General Turner Construction Company Contractor: 1819 Wazee St., 2nd Floor Denver, CO 80202 Owner., Town of Castle Rock, CO Amount., Contrac$ 107,444.00 Contacts: Phone: 303-753-9600 Scope of % , Work: Dampproofing, waterproofing, joint sealants Complete 51 /o Capitol Center Associates, LLC Project: Capitol Center Parking Garage Owner., 225 E. 16th Ave # B530 Denver, CO 80203 Architect: General Work for Owner Contractor., Contract $ 99 755.00 Amount., Contacts: Mel Caldwell Phone:303-8314477 Scope of Concrete repair & replacement, expansion joint % Work: replacement - Complete 90% Canyon View Medical Center Project., Canyon View Medical Center Owner., 2373 G Rd Grand Junction, CO 11505 Boulder Associates Architect: 1426 Pearl Street, Suite 300 Boulder, Colorado 80302 - General GH Phipps Construction Contractor. 5995 Glenwood Plaza Blvd.,Ste 100 Greenwood Village, CO 80111 Scope of Joint Sealing Work: Contract $ 34 315.00 Amount: Contacts: Phone:303-571-5377 Fax: 303-629.7467 Complete 95% Sanford School District Project: Sanford PKA 2 School Additions Owner., 15 N 1st W Sanford, CO 81151 81151 The LKA Partners, Inc. Contract Architect: 430 N. Tejon Street, Suite 208 Amount: $ 52,095.00 Colorado Spdngs, CO 80903 General FCI Constructors, Inc Phone: 970-259-8644 Contractor., 186 Moose Lane Contacts: Fax: 970-259-8633 Durango CO 81303 of Joint sealants, expansion control, deck coating Complete 95% Worke Project., Pueblo Sandia Aquatic Center Repair Wss, Janney, Elstner Associates, Inc. Architect: 3609 S. Wadsworth Blvd., Suite 400 Lakewood, Colorado 80236 General work for owner Contractor., Scope of Sc .c. 9 P re Building envelope air P Pueblo of Sandia Owner: 481 Sandia Loop Bemalillo, NM 87004 Contract S 879.116.15 Amount., Lanc McCravey Contacts: Phone: 605-867-7073 Complete 90% • • Cascade Club Association Project: Vail Cascade Resort Owner: 1476 Westhaven Drive Vail, CO 81657 Architect., General Work for Owner Contractor: Contract $ 87 514.00 Amount: Contacts: Phone:303-799-3830 Scope of % Work: Concrete repair & Joint Sealants Complete 90% Battlement Mesa Medical Office Building - Grand River Health District Project: Clinic West Owner. 501 Airport Rd Rifle, CO 81650 Davis Partnership Architects Architect: 2301 Blake St #100 Contract $ 52,220.00 Denver, CO80205 Amount., General FCI Constructors, Inc Phone: 970-259-8644 Contractor, PO Box 1767 Contacts: Fax: 970-259-8633 Grand Junction, CO 81502 Scope of Dampproofing, Waterproofing, Firestopping, % Work: Joint Sealants Complete 90% Project., Denver VA Hospital Parking Garages H+L Architecture Architect., 1755 Blake St, Suite 400 ... Denver, CO 80202 General Kiewit-Tumor A Joint Venture Contractor: 7200 S Alton Way, Suite A-300 Englewood, CO 80112 Scope of Work: Joint Sealants Project. Denver VA Hospital- Precast H+L Architecture Architect: 1755 Blake St, Suite 400 Denver, CO 80202 General Enterprise Precast Concrete, Inc. Contractor., 13800 Giles Road Omaha, NE 68138 Owner., Department of Veteran's Affairs Contract $ 659,750.00 Amount., •- - Contacts: Christopher Pickett Phone: 303-725.6190 - Complete 0% Owner., ,Department of Veteran's Affairs Contract $ 777 49&00 Amount. Contacts: Phone:402-895-3848 Fax: 402-895-3939 Scope of Work: Precast joint sealing Complete 31% Stanwood Hotel and Resorts Project: Sheraton Stemboat-Waterproof & Snowmelt Owner: One StarPoint Stamford, CT 06902 Eric Smith Associates, P.C. Architect., 600 S. Lincoln Ave., #201 Contract $ 1,244,539.00 Steamboat Springs, CO 80487 Amount: General Summit dck Allan Williams Contractor: 1585 California Street Contacts: Phone: 720-420-3545 Denver, CO 80202 Scope of Waterproofing, Moisture barrier, Snowmelt, & Work: Joint Sealants Complete 90% SECTION 00020 • INVITATION TO BID Date: July 21, 2014 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on August 11, 2014, for the Parking Garages Repairs & Waterproofing; BID NO. 7674. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7674. The Work consists of repairs and waterproofing to parking structures located in Fort Collins. Old Town Parking Structure (106,820 so is located at 102 Remington Street (built in 1985) and Civic Center Parking Structure (288,110 so is located at 120 N. Mason Street (built in 1999). A prebid conference and job walk with representatives of prospective Bidders will be held July 29, 2014 at 10:00 am and we will meet at the northwest Corner of the Civic Center Parking Structure or corner of Mason and Laporte. All questions must be submitted by August 5, 2014 5:OOpm to Mike Breeze at m b reeze(a)fcg ov. com. This is a one (1) year contract, which at the discretion of the City, may be renewed for up to an • additional four (4) one-year periods. In addition to the types of work listed in this year's Construction Documents, future work could include the following: • Structural concrete repairs to horizontal, vertical, and overhead surfaces. • Full depth concrete slab repairs. • Application of vehicular traffic coatings. • Structural repairs to steel stairs. • Welding of structural steel. • Replace expansion joints in concrete surfaces. • Tuck pointing of masonry. • Installation of flashing. • Install cricketed overlays to improve drainage. • Installation of new floor and/or trench drains with associated piping. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Block 99, LLC Project., Block 99 Owner., 532 East Hopkins Ave Aspen, CO 81611 NEO Studio Architect: 3560 Walnut St. Unit A Denver, CO 80205 General Shaw Construction, LLC Contractor., 760 Horizon Dr Grand Junction, CO 81506 Scope of Waterproofing, Traffic Coatings Work: Project., Molly Campbell Conference Center Rowland Broughton Architecture Architect: 3377 Blake St.., Ste. 106 Denver, CO 80205 General R.A. Nelson P.O. Drawer5400 Contractor: Avon, Colorado 81620 Scope of Waterproofing, Joint Sealing Work: Project: Potato Patch Club Condos Wiss, Janney, Elsiner Associates, Inc. Architect., 3609 S. Wadsworth Blvd., Suite 400 Lakewood, Colorado 00235 General GE Johnson Construction Co. Contractor: 25 North Cascade Ave. Ste 400 Colorado Springs, CO 80903 Contract $ 46,256.00 Amount., Contacts., Phone:970-242-9236 Fax: 970-241-5618 % Complete 42% Owner., The Gant Homeowner's Association Contract $ 87,000.00 Amount: Contacts: Phone: 970-949-5152 Fax: 970-949-4379 Complete 90% Owner: Mountain Lodge Condominium Association Contract $ 102,759.00 Amount., Contacts: Phone: 970-790-2310 • Fax: 970-949-9356 °f WoP Joint Sealants Complete 60% rk Grand Junction Regional Airport Project: Grand Junction Regional Airport Of Owner: 2828 Walker Field Dr.. Building Grand Junction, CO 81506 Fentress Architects Contract Architect: 421 Broadway Amount: $ 62,853.00 Denver, CO 80203 General Shaw Construction, LLC Phone: 970-242-9236 Contractor: 760 Horizon Or Contacts: Fax: 970-241-561a Grand Junction, CO 81506 Work: rk: of Waterproofing, Dampprooling, Joint Sealants Complete 37% Project., Cherry Creek Place III Parking Garage Architect., General Work for Owner Contractor: AHC METRO CHERRY CREEK III, LLC Owner., Go Jones Lang LaSalle Americas, Inc. 1225 Seventeenth St Denver, CO 80202 Contract $ 35,341.00 Amount Contacts: Don Schmidt Phone:303-217-7948 Scope Work: of Concrete repair & Joint Sealants Complete 39% Work: ��IT SfiALAN y'J -and- 40 • RESTORATION SERVICES 13671 Carefree Drive, Montrose, CO 81403 970-240-5971 Fax:970-240-0951 Current Major Projects: Montezuma -Cortez School District Project: Montezuma -Cortez High School Owner., 400 N. Elm Street Cortez, CO 81321 Oz Architecture Architect: 1805 29th Street, Suite 2054 Contract $ 106,275.00 Boulder, CO 80301 Amount: General Nunn Construction, Inc. Rick Fleming Fleming Contractor., 925 Elkton Drive Contacts: phone: 5-4115 Colorado Springs, CO 80907 Scope of Waterproofing, Dampproofing, Joint Sealants, % Work: Expansion Control, Firestopping Complete 0% City of Aspen Project: Burlingame Ranch - Phase III Owner., 130 S. Galena St. Aspen, CO 81611 Oz Architecture Architect: 1805 29th Street, Suite 2054 Contract $ 38,148.00 Boulder, CO 80301 Amount: General R.A. Nelson P.O. Drawer5400 Contacts: David Kwiatkowski Kwiatkowski Contractor., Avon, Colorado 81620 Phone: Scope of % • Work: Waterproofing, Moisture barrier, Joint Sealants Complete 77% _. Brookfield Properties Management, LLC Project., 1801 California Parking Garage Repairs Owner., 37017th Ste, Ste 3700 _ Denver, CO 80202 Wiss,Janney, Elstner Associates, Inc. Architect. 3609 S. Wadsworth Blvd., Suite 400 Lakewood, Colorado 80235 General Work for Owner Contractor. Contract $ 326,504.00 Amount Contacts: Patrick.Hillearvc(")Brookfildcom Scope of % Work: Concrete repair and restoration Complete 90% Fiddierk Business Improvement District Cliff Florentin, John Madden Company Project: Parking Garage Owner., 6501 S. Fiddlers Green Circle, Ste.110 Greenwood Village, CO 80111 Wiss, Janney, Elstner Associates, Inc. Architect., 3609 S. Wadsworth Blvd., Suite 400 Lakewood, Colorado 80235 General Contractor., Work for Owner Scope of Work., Concrete repair and restoration 0 Contract $ 123,737.00 Amount., Contacts: Phone:303-773-0400 Fax: 303-773-2335 Complete 65% ���1T 4s -and- 'RESTORATION 51MVICES 13671 Carefree Drive, Montrose, CO 81403 970-240.5971 Fax:970-240-0951 0 Montrose • Gypsum • Denver Summit Sealants and Restoration Services hold licenses in the locations below: Location License # Expiration date Type of License City of Denver, CO 243208 7/31/15 Waterproofing City of Glenwood Springs, CO 07-0006 6/30/14 Class D City of Grand Junction, CO 20140698 1/29/15 Misc City of Green River, WY 3144 4/1/15 Joint Sealants City of Greenwood Village, CO OL-14-02246 10/30/14 Level A -Commercial City of Littleton, CO D15006 6/11/15 D-15 -Misc Mesa County, CO B25456 1/29/15 Not Shown State of Idaho REC33512 5/14/16 Not Shown State of New Mexico 368767 2/28//16 0501, G529 Town of Breckenridge, CO 583700001 8/15/15 Seasonal Vendor Town of Gypsum, CO 1750 12/31/14 Not Shown Town of Jackson, WY 6040 12/31/14 Not Shown Town of New Castle, CO 10-CON-112 11/1/14 B3 ` Town of Rangely, CO 2014 388 12/31/14 Not Shown Town of Telluride, CO 13695 12/31/14 Construction Town of Vail, CO 936-B 4/30/16 None Shown • Christopher M. Hill Site Supervisor PROFILE: Chris Hill joined Summit Sealants, Inc in July 2008 as an apprentice. Due to his leadership and critical thinking ability, within a short time Chris was promoted to the position of foreman. Chris' proficient managerial skills has allowed him to create a solid presence for Summit Sealants, Inc in the mountain area of Colorado. Chris has been a part of some very dynamic projects during his time with Summit Sealants. He has personally overseen jobs ranging from a few hundred dollars to six - digit -figure projects. He is adept in all phases of commercial construction and is team player. He is experienced in all phases of concrete work and restoration, sealant installation, waterproofing, deck -coating, and firestopping. EXPERIENCE: Chris made journeyman after a two year apprenticeship in sealants, waterproofing, dampproofing, firestopping, and deck coating. His experience on large commercial and residential projects has given him the ability to access even the most unique building . facades. Foreman: Chris has supervised the following projects: • Jake Pine and Black Bear Lodge Deck Coating Repair — Keystone, CO Our Lady of Peace Catholic Church addition and renovation — Silverthorne, CO • Lowe's — Silverthorne, CO • Arrabelle Deck Repair —Vail, CO • Park Hyatt —Vail, CO • Snowbridge Square —Vail, CO • Hyatt Grand Aspen — Aspen, CO • Aspen Valley Hospital —Aspen, CO • Walgreen's—Avon, CO • Strawberry Park - Beaver Creek, CO CERTIFICATIONS: • OSHA 10 Hour Certification • Scissor/Manlift certified • CPR and AED Certified • Powder actuated tool certified • Safety Trained in Mobile Elevating Work 11 Christopher Swenson Site Foreman PROFILE: Chris brings to Summit Sealants over twenty years of experience in the commercial construction industry from new construction to restoration. His attention to the details and schedule of a project has proven invaluable. He possesses a professional attitude and firm personality to supervise proje©t-0 independently or as a team member. He is experienced in every type Of application required to complete a waterproof facade; including: CementitioUl coating and repairs, MMA, epoxies, silicones, polyureas, and acrylics. He algo- has expertise in concrete mixing and applications, including demolition and restoration on vertical, horizontal, and overhead surfaces from masonry patching to structural overhead concrete forms. EXPERIENCE: Chris is a skilled project foreman and very competent crew. leader. He learned to work on the outside of large commercial buildings and has extensive experience in scaffolding and swing stage rigging. Foreman: Chris has supervised work on the following projects: • Medical Center of the Rockies - Denver, CO • Solaris - Vail, CO • Silver Mill Condominiums - Keystone, CO • Space Command - Colorado Springs, CO • Aurora Medical Center -Aurora, CO • Federal Supermax Prison - Florence, CO • AMLI at Inverness Swimming Pool Repair - Denver, CO CERTIFICATIONS AND TRAINING: • Scissor /Manlift certified • CPR and AED Certified • Powder actuated tool certified • Stationary scaffold erecting certified • Swing stage rigging trained • Jacob Holland President — Restoration Division Project Manager PROFILE: Jake studied at Colorado State University in the Project Management Program. He has over thirteen years of experience in commercial construction, waterproofing, structural restoration, and historical restoration. He comes from a long line of experience in the sealant trade and has proven himself to be a top project manager handling some of the most high profile restoration projects in Colorado. He is well versed in the restoration and repair industry, and has extensive experience in high rise restoration and structural repair. Jake has built the Denver based branch of Summit Sealants focusing on large commercial restoration. He has successfully completed projects requiring soil stabilization, concrete repair and replacement, facade repairs, waterproofing, coating installations, and architectural finishes. He has a proven track record of completing difficult projects on schedule and on tight budgets. Jake is an asset to any project. EXPERIENCE: Project Manager: Jake has successfully managed and completed the following projects: • AMLI at Inverness - Pool Repair — Denver, CO • Liorishead Transit Welcome Center — Vail, CO • Farmers Korner Repair— Breckenridge, CO • Park Hyatt Restoration — Vail, CO • Strawberry Park/Beaver Medical Clinic Renovation — Vail, CO • Denver Health - Campus Bldg. A — Denver, CO • Coors Field - Rock Pile Stairs Repair — Denver, CO • City Of Boulder Parking • NORAD Space Command Building - Peterson AFB, CO Foreman: • 1600 Glenarm 36 Story High Rise Building — Denver, CO • NORAD Space Command Building - Peterson AFB, CO • City Of Boulder Parking Structure — Boulder, CO • Air Control Tower — Buckley AFB, CO CERTIFICATIONS AND TRAINING: • Project Management Certification — CSU • AGC Scaffolding Certification • Director of ICRI (International Concrete Restoration Institute) • Member of SWRI (Sealants Waterproofing and Restoration Institute) • First Aid Certified • Safety Trained in Mobile Elevating Work • Certified DeNeef chemical grout injections • Certified Aquafin waterproofing Stephen Berwanger President and Owner PROFILE: Steve started in commercial construction in 1995 and has worked exclusively in the sealant/waterproofing trade. His portfolio includes over 1,000 commercial construction projects. These include projects in Hospitality, Retail, Industrial, Educational and the Medical fields. He was extensively trained on large commercial projects in the Denver area. In 2000 Stephen moved to the quieter western slope of Colorado. After two additional years of employment with the Denver based company, Steve started Summit Sealants in March 2002. His complete dedication to the company, the trade, and customer service allowed him to double the company every year for the first five years and stay stable and strong through the tough economy since. Steve's ongoing commitment to the company and his continuous effort to stay a student of the trade ensures Summit Sealants Inc. future success for many years to come. EXPERIENCE: Steve has'successfully managed and completed 1000+ projects, here are some highlights: • Village at Breckenridge (5 building re -skin in 7 months) — Breckenridge, CO • Torrington Prison (300,000 sq ft)- Torrington, WY • Numerous restorations for Crested Butte Resort Management • St. Mary's Hospital (16 story high rise) - Grand Junction, CO • Walmart Distribution Floor Stabilization (1 million sq ft facility)- Cheyenne, WY • Pueblo Sandia Aquatic Center - (Building envelope repair) — Bernalillo, NM *see www.summitsealants.com for more information CERTIFICATIONS AND TRAINING: • OSHA 30 Hour Certification • First Aid Certified • Safety Trained in Mobile Elevating Work • Certified Epoxy and Polyurea installation • Certified Watson Bowman Expansion Joints • Certified DeNeef chemical grout injections LJ 171 • U) 0 m 0 c m m m O ch c w m m 0 m SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed • • SECTION 00510 NOTICE OF AWARD DATE: August 19, 2014 TO: Summit Sealants Inc. PROJECT: 7674 Parking Garages Repairs & Waterproofing OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated August 8, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7674 Parking Garages Repairs & Waterproofing. The Price of your Agreement is One Hundred Twenty -Five Thousand One Hundred Four Dollars and Seventy -Five Cents ($125,104.75). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by September 5, 2014. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement • including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General -Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will r turn to you one (1) fully -signed counterpart of the Agreement with the Contract Documents a ched. Citv of F rt Ilins OWNE By: Gerry S. Paul Director of Purchasing & Risk Management • • The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://www.fcqov.com/eprocurement Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. • The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry S. Paul Director of Purchasing & Risk Management U SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 19th day of Au ust in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Summit Sealants Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7674 Parking Garages Repairs & Waterproofing. ARTICLE 2. ENGINEER The Project has been designed by Martin Martin Engineers who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 Contract Period. This agreement shall commence upon signing and shall continue in full force until August 31, 2015 unless terminated as herein provided. In addition at the option of the City, the agreement may be extended for additional on (1) year periods not to exceed four (4) additional one (1) year periods. Pricing changes, if any, shall be negotiated by and agreed to by both parties in writing. 3.2 The Work shall be Substantially Complete by December 23, 2014 after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by January 7, 2015 after the date when the Contract Times commence to run. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay • C� J +, (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Three Hundred Dollars ($300) for each calendar day or fraction thereof that expires after the December 23, 2014 deadline for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, One Hundred Fifty Dollars ($150) for each calendar day or fraction thereof that expires after the January 7, 2015 deadline for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Hundred Twenty -Five Thousand One Hundred Four Dollars and Seventy - Five Cents ($125.104.75), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by • ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the • application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount • sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, • investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. n LI +, 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety • 7.2.5 7.2.6 Application for Exemption.Certificate Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET NUMBER SHEET TITLE 0.0 COVER SHEET SO.1 ABBREVIATIONS, SYMBOLS & GENERAL NOTES 50.2 WORKLIST SO.3 SEALANT SPECIFICATION SOA MATERIAL SPECIFICATIONS 51.0 CIVIC CENTER BASE BID PLAN $1.1 CIVIC CENTER TYP LOWER LEVEL PLAN - BASE BID 51.2 CVIC CENTER ADD ALTERNATE PLAN S1.3 CIVIC CENTER ELEVATIONS 52.0 OLD TOWN BASE BID PLAN S2.1 OLD TOWN BASE RCP 52.2 OLD TOWN ADD ALTERNATE PLAN S2.3 OLD TOWN ELEVATIONS S3.0 REPAIR DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 0 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, - • Agreement and obligations contained in the Contract Document. OWNER: D F FOR C LLINS By: GE Y S. PAUL DIRECTOR OF PURCHASING ANtD. RISK MANAGEMECNT .n Date: T Attest: Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 • Approved as to Form Assi t nt City Attorney 0 CONTRACTOR: SUMMIT SEALANTS INC. Title: (DL n cr nntP- 9/D liu ..... License No.: PNTS'' ., �\5•.•'GORPp9 Fi.P� (CORPORATL OAADO %�`� SECTION 00530 NOTICE TO PROCEED Description of Work: 7674 Parking Garages Repairs & Waterproofing To: Summit Sealants Inc. This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the.OWNER. That the OWNER has approved the said Contract Documents Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20_. The dates for Substantial Completion and Final Acceptance shall be 20_and _ 20_, respectively. • City of Fort Collins OWNER M Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Summit Sealants Inc. Title: 0 • SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate u SECTION 00610 PERFORMANCE BOND Bond No. 541 971 81 KNOW ALL MEN BY THESE PRESENTS: that Summit Sealants Inc. 13671 Carefree Drive, Montrose, CO 81403 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and United Fire & Casualty -Company 118 Second Ave SE Cedar Rapids, IA 52401 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave. Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of One Hundred Twenty Five Thousand One Hundred Four Dollars and Seventy -Five Cents ($125,104.75) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 19th day of•Auoust, 20140 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7674 Parking Garages Repairs & Waterproofing. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life,of the guaranty period, and if the Principal shall . satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damagesyfiich it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. SECTION 00100 • INSTRUCTIONS TO BIDDERS • n U n • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 5th day of September 2014. • OR. _ _mA 0. rM (Corporate Seal) IN PRESENCE OF: PN G�Rr'p' 9FJi 13671 Carefree Drive Montrose, co 81 (Address) m 2p�2� •':OD` ®'• * :.� Other Partners R .,,� �OQ.....%`� By: By: 403 SuretyUnitedFire & Casualty -Company 118 Second Ave SE Cedar Rapids IA 52401 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. .J - UNITED FIRE & CASUALTY. COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX -., 118 Second Ave SE 'FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 CERTIFIED COPY OF POWER OF ATTORNEY (originalon file at Home Office of Company., See Certification) KNOW ALL PERSONS BY THESE PRESENTS„That UNITED FIRE &CASUALTY COMPANY, a corporation duly organised and existing under e laws of the State of Iowa; UNITED FIRE &'INDEMNITY COMPANY, a corporation duly organized and'existing under the laws of the State of fiWasand FINANCIAL PACIFIC INSU)RANCE COOMPANY; a.corporarate gqtion duly-organized'and existing under the laws of the. State of California ` ICTOR11ectivePAWLKaIORITERRhe Companies KRAFT Oan a R LEANORAtheir oLUDLAM OR�CARRIE,KONers in'Cedar AaKItS.-ALLate �INDIVIDUALdoes LYeof GRAND constitute and appoin[ JUNCTION CO their true and lawful Attomey(s) in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed g2, 500,.000.00. and to -bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly. authorized officers of the Companies ` and all of the acts of said Attorney; pursuant to the authority hereby given and hereby ratified and confirmed . The Authority hereby granted shall expire the 1 Ot h day of October', 2015 unless sooner. revoked : by UNITED FIRE & CASUALTY: COMPANY, UNITED FIRE& INDEMNITY COMPANY, AND FINANCIALPACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boardsof Directors of.UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. - "Article VI — Surety Bonds and Undertakings" Section �2 .Appointment ofAttorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to' time, appoint;by written certificates attorneys -in -fact to act in behalf of the Companies in the execution 'ofpolicies of insurance bonds, - undertakings and other obligatoryinstruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to auypower of attorney or special power of attorney or certification of either authorized hereby; suchsignature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and _ binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact,. subject to the limitations set. `forth in their respective certificates of authority shall have full power to bind the Companies by`their signature and execution of anysuch1 11 t "instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of .�. the Companies may at anytime revoke all power and authority previously given to any attorney -in fact au'Nn„ Yo ea"Na/ „ u r .„ h o411-44 % `pr INSU IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its =roa^Yr ��Mre e a 24oPPo�r�iV :vice president and its corporate seal to be hereto affixed this tOt ti day of October 2013 i • z.,? OLY2; UNITED FIRE &CASUALTY COMPANY SEAL,, UNITED FIRE & INDEMNITY COMPANY,, '�'•wmh, e 9//FOP�. t FINANCIAL PACIFIC INSURANCE COMPANY �. ..� State of Iowa County of Linn, ss � � �ePreaident • - On 10th day of October, 2013, before me personally came Dennis J. Richmann - to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE '& CASUALTY,COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice;Presidentof FINANCIAL PACIFIC L INSURANCE COMPANY the corporations�described:in and which executed the above instrument; that he knowsthe seal -of said corporations; that the seal affixed to the said instrument is such corpora.ie seal; that ii was so'affixed pursuant to authority given by the Board of Directors of said corporations a and that he signed his name thereto pursuant to like authority, and acknowledges same to he the !act and deed of said'coiporations.. dud1lhA Davis., d Iowa Notarial seat - iN+ Notary Public Commission number 173041 My commission a pries: 4/23/2015 • My Commission Expires 4/232015.., I, David A Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretaryof ITED FIRE & INDEMNITY COMPANY,. and•Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY; do hereby certify that I have compared the foregoing copy.ofthe Power t .of Attorney and affidavit, and the copy of:the Section of the bylaws and resolutions of said Corporations as set fortlrin said Powerof Attorney, with the ORIGINALS ON FILE:IN THE HOME OFFICE OF SAID CORPORATIONS] and that the same are correct transcripts,thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now m full force and effect. - -. In testigla whereof I have hereunto subscribed my name and affixed the corporate seat of the said Corporations -this .7LIl dayof-. September-' ,2014 BB�uOrUry,, O'�IBm 1 o pINS00 W,= Ce4r'OMYE _ p co SEAL K` �.,.� r900 �..1,� ��j,4, o'p 1�'rf P.•`� �gFOPd` q•um„P�o° +tow moo` ',,,,, oo Secretary, OF&C o. ,uw,nm•" Assistant Secretary, OF&I/FPIC ��BPOA0045 0913 - 0 • IM UNITED FIRE GROUP® TO BE ATTACHED TO AND FORM PART OF Contract Bond No. 54198037 In favor SUMMIT SEALANTS, INC. • United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company United Fire & Indemnity Company RIDER United Fire Lloyds Financial Pacific Insurance Company of CITY OF FORT COLLINS on behalf of IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any additional premium that may be properly chargeable as a result of this rider. 1. The Surety hereby gives it consent to Change the Bond Number S4197181 From: 54197181 To: 54198037 Effective Date 09/OS/2014 2. PROVIDED, however, that the attached bond shall be subject to all its agreements, limitations, and conditions except as herein expressly modified, and that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. 3. Signed, and sealed this day. 08/28/2014 ACCEPTED BY: BOND0001 0411 UNITED FIRE & CASUALTY COMPANY HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5700 or 800-343-9130 Fax: 888-726-9736 9 SECTION 00615 PAYMENT BOND Bond No. 541 971 81 KNOW ALL MEN BY THESE PRESENTS: that Summit Sealants Inc. 13671 Carefree Drive, Montrose, CO 801403 (an individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and United Fire & Casualty Company 118 Second Ave SE Cedar Rapids, IA 52401 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Foil Collins, 300 Laporte Ave. Fort Collins Colorado 8052.2 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Hundred Twenty -Five Thousand One Hundred Four Dollars and Seventy -Five Cents ($125.104.75) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION -are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 19th day of Auoust, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7674 Parking Garages Repairs &Waterproofing. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED. FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. A • IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of �Hhich shall be deemed an original, this 5th day of September 2014. • (Title) (Corporate Seal) IN PRESENCE 5 GCO�FiPp9 FiP�A S�/1�9m:Oy' 1j111/11111111' IN PRPENCE OF: . 1i/J • aI) Pr'ncipal Summit Sealants, Inc. 7TUANIvUL (Tide) rw Carefree Drive Montrose, M 81403 (Address) Other Partners Surety United Fire & Casualty 'Company By: lul I 118 Second Ave SE Cedar Rapids IA 52401 (Address) NOTE: da,e-of.Bond must not be prior to date of Agreement. If CONTRACTOR is e'' Partnership,all partners should execute Bond. • SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the " above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the P P • SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 0 0 0 ACC? "It.ii CERTIFICATE• OF LIABILITY INSURANCE ��� ATE 8/27/2014 D/27/ DD14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREIII AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement)s). PRODUCER Colorado BW Insurance Agency, Inc. 1211 North 7th Street PO SOX 4088 Grand Junction CO 81502 CONTACT Leandra Ludlam NAME: pC�o Ert' t970)243-901Z IA No: (970)241-8175 'AILDRESS.leandra.ludlam2bankofthewest.com INSURERS AFFORDING COVERAGE NAICE INSURERA:Berkley Re 1 Specialty IIIc CO 31295 INSURED Summit Sealants, Inc. 13671 Carefree Drive Montrose, CO 81403 INSURERB:De ositors Insurance Company 42587 INSURERC :St Paul Fire & Marine 24767 INSURERD:Pinnacol Assurance 41190 INSURERE :American Risk Management INSURERF COVERAGES CERTIFICATE NUMBER:2014/2015 MASTER REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. tUBIR LTR TYPE OF INSURANCE S POLICY NUMBER MMIDDIYYY MMIDDIYYVY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCWL GENERAL LIABILITY PREMISES Ea oanneri $ 100,000 A CLAIMBJJiADE OCCUR X GL0036925-25 5/1/2014 /1/2015 MEDE (Any one parson) $ 5,000 PERSONAL B ADV INJJRY $ 1,000,000 X Primary Includes On -Going and X Non -Contributory GENERAL AGGREGATE $ 2,000,000 Completed Operations GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 ollution (Carrier E) 5/1/2014 6/1/2015 E X Poucv x �0 X Loe a 2,000,000 AUTOMOBILE LIABILITY SINGLE LIMIT ent 1 000 000 INJURY(Per person) $ S ANY AUTO ALL OWNED SCHEDULED AUTOS X P7535193302 /1/2014 /1/2015Ml pa�dant JURY (Per acoideal $ XHIRED AUTOS X NON-OWNEDTY AUTOS DAMAGE entlwto $ Advanta a$ X UMBRELLA LIAB X OCCUR CURRENCE $ 10, 000, 000 AGGREGATE $ 10,000,000 L. EXCESS LIAR CLAIMS -MADE UP13TO4762-14-NF DIED I X I RETENTION$ 10,000 $ Following Form /1/2014 6/1/2015 D WORRERSCOMPENSATON WC STATU- OTH- X TOR MIS R AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1 000 OOO ANY PROPRIETORIFARTNERI CUTIVE OFFICERIMEMH EXCLUDED9 � (Mandatory In NH) NIA 076879 6/1/2014 6/1/2015 If yes, uraker E.L. DISEASE -EA EMPLOYE $ 1 000 000 EL. DISEASE -POLICY LIMIT $ 1 000 000 SCRIP ilbe OF DEESCRIPTION OF OPERATIONS below S Inland Marine, Special CP7525193302 /1/2014 6/1/2015 Installation Float $20,000 From $1,000 Deductible RenteaLeased Equip $150,0o0 DESCR on ON OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACO RD 101, Additional Remarks Schadul e, if more epece la required) Project: 7674 Parking Garages Repairs & Waterproofing The City of Fort Collins is named as Additional Insured for the General and Liability as required by written contract. - Lai :1Yl1aIII City of Fort Collins 215 N Mason St 2nd Floor Fort Collins, CO 80522 ACORD 25 (2010/05) INS025 (201005).01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ILeandra Ludlam/GRJLL © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD r-I u n U 9 n LJ SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7674 Parking Garages Repairs & Waterproofing PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Summit Sealants Inc. CONTRACT DATE: August 19, 2014 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER DA REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Summit Sealants Inc. Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Summit Sealants Inc. for the City of Fort Collins project, 7674 Parking Garages Repairs & Waterproofing. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated August 19, 2014. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 9 0 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Summit Sealants Inc. (CONTRACTOR) PROJECT: 7674 Parking Garages Repairs & Waterproofing The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. U Signed this day of 20_ 0 CONTRACTOR: SUMMIT SEALANTS INC. By: _ Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_, A 0 0 9 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Summit Sealants Inc. PROJECT: 7674 Parking Garages Repairs & Waterproofing CONTRACT DATE: August 19, 2014 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20_ (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. ability of the bidder to provide future maintenance and service for the use of the • subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder • that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 0 DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - C�ONTRAG�^TpQR.INF�ORMATION 5 Trade oame/DBA: Owner. peMer, or mrparata name: Mailing address (C@y, State, Zip): (.OntaCt Person E-Mail addreas: Fetleral Employer's Identification Number: Bltl amount for your contract: $ Fax Number. Business telephone number. ) Cobredo vrithhoWing tar account number. e, •`C�=e .l '�4� Copres_�of$cdnt ge»�1) rd_wen�tlfying�the contracting parhes Mrar�or�agfeemen� E�XEMPTIO`N INFORMATION and;(2)contammgstgnaturesof.contractingparhesmusgbeatlached organization'. number: Name of exempt organization (as shown on contract): 98Exempt - Address of exempt organization (City. State, Zip): Principal contact at exempt organization: Principal wntact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (!as) where project is located) Scheduled Month Day Year Estimated Month Day Year wrisouction start date: completion date: 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. . r� U SECTION 00700 GENERAL CONDITIONS 0 u 0 0 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a bases Changes to that document arc shown by underlining tact that has been added and striking through text that has been deleted. C� EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 0 Article of Paragraph Number & Tide DEFINITIONS TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number &,Title 1.1 Addenda ........................ ....... .............. 1.2 Agreement..........................................1 1.3 Application for Payment,,,,,,,,,,,,,,,,,,,,,, 1 1.4 Asbestos ...:......:.......:.....::.... . ......3 1.5 Bid....................................................1 1.6 Bidding Documents ..................... :........ 1 1.7 Bidding Requirements .........................1 1.8 Bonds ......... ..:.................................... 1 1.9 Change Order. ................. .............. 1.10 Contract Documents,,,,,, 1.11 Contract Price......................................I 1.12 Contract Times, ................................... 1 1.13 CONTRACTOR..............................:.:.1 L14 defective.............................................J 1.15 Drawings..._.......................................:I 1.16 Effective bate of the Agreement,,,,,___._ I 1.17 ENGINEER........................................1 1.18 ENGINEERS Consultant ,„ 1 1.19 Field Order.........................................1 1:20 General Acquirements ......................... . 1.21 Hazardous Waste.................................2 1.22.a Laws and Regulations; laws or Regulations_ L22.b Legal holidays....................................2 1.23 Liens- .............. ................................. 2 1:24 Milestone ........ ..................... .............. 2 1.25 Notice of Award.,_ .............................. - 126 Notice to Proceed ... .............................. 2 LN OWNER ................................ ............ 1.28 Partial Utilization ............... ................ 129 PCBs.................................................2 1.36 Petroleum ....... ....:......... ............... .:.... 2 1.31 project .......... .... ___ ...................... ..... 2 1.32.a Radioactive Material ........................ 1.32.6 Regular Working Hours_, 2 1.33 Resident Project ReprmeMative,........... 2 1.34 Samples..............................................2 1.35 Shop Drawings._ .................................... L36 Specifications.....................................2 1.37 Subcontractor.....................................2 1.38 Substantial Completion„....................2 1.39 Supplementary Conditions................_.2 1.40 Supplier..............................................7 L41 Underground Facilities.....................2-3 1.42 Unit Price Work ................ ...... I........... 1.43 Work..................................................3 1.44 Work Change Directive„.....................3 1.45 Written Amendment, ........................3 Page Number PRCLIDQINARY MATTERS .......................... ..... , 3. 2.1 Delivery ofBonds ............................3 2.2 Copies or Documents. ,,,,,,,,,,,3 2.3 Commencement of Contract Times; Notice to Procccd..............:3. 2.4 Starting the Work ........................... I 2.5-2.7 Before Starting Construction; CONTRACTORS Responsibility to Report; Preliminary Schedrlcs; Delivery of Certificates of Insurance ................................... 34 2.8 Reconstruction Conference ........ 2.9 Initially Acceptable Schedules......... 4 CONTRACT DOCUMENTS: INTENT, .AMENDING, REUSE.... ...... .................._..........4 3.1-3.2 Intent ................ ...................... 4 3.3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepancies ................................. 4-5 34 Intent of Certain Terms or Adj ecti vcs.....................................5 3,5 Amending Contract Docun cats ,........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents ....... ................. 5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS.........................................5. 4.1 Availability of Lands .................... 5-6 4.2 Subsurface and Physical Conditions ............._ __........ ._-.....6 42.1 Reports and Drdwings......................0 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data............................................ 6 4.2:3 Notice of Differing Subsurface or Physical Conditions, ................. A 4.2.4 ENGINF-ER's Review.......................0 4.2.5 Possible Contract Documents Change...................................... .. 6 4.2.6 Possible Price and Times Adjustments...............................i*7 4.3 Physical Conditions -Underground Facilities........................................7 4.3.1 Shown or Indicated.- .............„_.....� 4.3.2 Not Shown or Indicated .................7 4.4 Reference Points, .............................. 7 EXVC (SNF]lAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91W) 0 • • Article or Paragraph Page Article or Paragraph Page Number &Title Number Norther &Title Number 4.5 Asbestos. PCBs, Petroleum, 6,25 Submittal Proceedures; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material .................... 7-8 to Shop Drawing or Sample Subminal.................................... 16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5.1-5.2 Performanoe,. Payment and Other tals Review by ENGINEER,,,,,, 16-17 Bonds,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,,,,,_._ 8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documen(s,,,,,,,,,, 17 Certificates of Insurance .................. . 8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability - to ENGINBER's Review and Insurance .......................................... Approval of Required 5.5 OWNER's Liability Insurance. ................ Submitlnls,,,,,,............................. 17 5.6 Property Insurance ........... ............... 9-10 629 Continuing the Work ..................... 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance... ..... Warranty and Guarantee,,,,.......... 17 5.8 Notice of Cancellation Proasion ....... _10 6.31-6.33 Indemnification 17-19 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligation .... :............... 18 for Deductible Amounts 10 5.10 Other Special Insurance ................... .10 7. OniER WORK,,,..,,,,,,,,..,, ............. ............ 18 5.11 Waiver of Rights................................1l 7.1-7.3 Related Work at Site.......,,,,,,,,........ 18 5.12-5.13 Receipt and Application of 7.4 Coordination_._ .................. 18 Insurance Proceeds .....................10-I1 5.14 Acceptance of Bonds and lnsu- 8. OWNER'S RESPONSIBILITIES .........................)8 once; Option to Replace_..................I 1 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR ................................. 18 Insurance ................ ....................... 11 8.2 Replacement of ENGINEER ........... 18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES,,,,,,,,,,,,,,, 11 When Due 18 6.1.6.2 Supervision and Superintendence,,,,,,,11 8.4 Lands and Easements; Reports 6.3.6.5 Labor, Materials and Equipment... 11-12 - and Tests.._ ,. ..,,.,.,,_.__ .___., 18-19 6.6 Progress Schedule ..................... ....12 8.5 Insurance .................. 19 6.7 Substitutes mul'Or-Equal' Items; 8.6 Change Ordss ............................... 19 ' CONTRACTOR's Expanse; - 8.7 Inspections, Tests and • Substitute. Construction ... Approvals ................................... 19 Methods or Procedures; 8.8 - Stop a Suspend Work; ,. ENGINEER's Evaluation ............. 12-13 _. Terminate CONTRACTOR's 6.8$11 Concerning Subcontractors, Services ............................ .......... 19 Suppliers. and Others; 8.9 Limitations on OWNER'S Waiver of Rights,,,,,,._,,,,,,,,,,,,,,,, 13-14 Responsibilities...... .................. 19 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits ............................................. 14 Hazardous Waste or 6�14 Laws and Regulations ....................... 14 Radioactive Material.,;,,,,,,,_........ 19 6,15 Taxes..........................................114-15 9.11 Evidence of Finance) 6.16 Use of promises ................................15 Arrangements ............. ................ .19 6A7 Site Cleanlinm................................ 15 6.18 Safe Structural Loading,,,,,,,,,,,,,,,,,,,,, 15 9. ENGINEER'S STATUS DURING 6.19 Record Documents ............................ J5 CONSTRUCTION................_.........._._._......... 19 6.20 Safety. and Protection,,,,,,,,,,,,,,,,,,,, 15-16 4.1 OWNERS Representative,__.___.,,,, 19 6.21 Safety Representative .... 16 9.2 Visits to Site ...................... ......... 19 6.22 Hazard Communication Programs,,,,,, 16 9.3 Project Representative,,,,,,,,,,,,,,, 19-21 6.23 Emergencies ..................................... 16 9.4 Clarifications and Inlerpre- 6.24 Shop Drawings and Sample* .............. 16 tations,........................................ 1 9.5 Authorized Variations in V&k........ 1 E1CDC OENMAL CONDITIONS 1910.9 0990 EDITION) vi/ CITY OF FORT COLLINS MODIFICATIONS XV 91") Article or Paragraph Number & Title Page Article or Paragraph Number Number &Title 9.6 Rejecting Defective Work .................. 71 9.7-9.9 Shop Drawings, Change Orders and Payments ................................... 21 9.10 Determinations for Unit Priers,__,,. 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interpreter..............22 9.13 Limitations on ENGINEER'S Authority and Responsibilities_„- 22-23 CHANGES IN THE WORK......_ ............................... 23 10.1 OWNER's Ordered Change...............23 14. 10.2 Claim for Adjustment ....................... 23 10.3 Work Not Required by Contract Documents ..................................... 23 10.4 Change Orders..................................23 10.5 Notification of Surety_,,,,,,,,,,,,,,,,,,,,,,, 23 CHANGE OF CONTRACT PRICE ............................. 23 I L I-11.3 Contract Price; Claim for Adjustment; Value of the Work .............. ...................... 3-24 11.4 Cost of the Work ..........................24-25 11.5 Exclusions to Cost of the Work_._ ...... 25 11.6 CONTRACTOR's Fee.-,,,_ ................. 25 11.7 Cost Records.................................25-26 11.8 Cash Allowances...............................26 11.9 Unit Price Work,._...................._......26 CHANGE OF CONTRACT TIMES ...........................26 12.1 Claim for Adjustment. .......... ___... 26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTOR's Control ...................................... 26-27 12.4 Delays Beyond OWNER's and CONTRACTOR'S Control .............„ 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECT711E WORK ......... ........... ............................. 27 13.1 Notice of Defects...............................27 13.2 Accesstothe Work.._._ ................_.. 27 13.3 Tests and Inspections; CONTRACTOR'S, Cooperation,,,,,,,,, 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory...... 27 13.5 CONTRACTOR'S Responsibilities...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval................27 138-13.9 Uncovering Work at ENGI- Page Number NEER's Request....... ............. 27-28 13.10 OWNER May Stop the Work......... 28 13.11 Correction or Removal of Defective Work ...........................28 13.12 Correction Period .......................... 28 13.13 Acceptance of Defective Work,,,,,,,. 28 13.14 OWNER May Correct Defective Work ..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION ................................................. 29 14.1 Schedule of Values ........................29 14.2 Application for Progress Paym ent ............................. .......29 14.3 CONTRACTOR's Warranty of Title.......................................... 29 14.4-14.7 REVIEW of Applications for Progress Payments,,,,,,,,,,,,,,,,, 29-30 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,, 30 14.10 Partial Utilization ..... ........ ...... 30-31 14.11 Final Inspection .............................31 14.12 Final Application for Payment ....... ,31 14,13-14.14 Finn] Payment and Acceptance ...... ,31 14.15 Waiver of Claims ,,,,,,-_........ .,,31-32 15. SUSPENSION OF WORK AND TERMINATION .............................................. _32 15.1 OWNER May Suspend Work.........32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 16. DISPUTE RESOLUTION __..___...__.__. _...__ 33 17. MISCELLANEOUS ................... ........ ............... 3 17.1 Giving Notice_ 17.2 Computation of Times. 33 17.3 Notice of Claim ........................ 33 17.4 Cumulative Remcdies.....................33 17.5 Professional Fees and Cowl Costs Included.,,,, _..................... 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank.......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement,,.... ............... 4A1 16.1-16.6 Arbitration .............._ ....... GC -AI 16.7 Mediation ............................... GC -AI E1CDC OENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) s 40 0 • 0 INDEX TO GENERAL CONDITIONS .City of Fort Collins modifications to the General Conditions of the Construction Contract are not shourn in this incim Article or Paragraph Number Acceptance of - Bonds and Tnsurancq ........................................5.14 defective Work............................104.1, 115, 13.0 final payment.. .... ................... ....... 9.12, 1.4.15 insurance .........................................................5.14 other Work by CONTRACTOR ... : ...................... 7.3 Substitutes and "Or -Equal" item$ .....................C.7.1 Work by OWNER ......... .................... 2.5,6.30,6.34 A== to th&- Lands, OWNER and CONTRACTOR responsibilities ..................... ....... ........... 4.1 site, related Work ....................................... _ ... _.7.2 Work . ................ ................... ..... 13.2,13,14, 14.9 Acts or Omissions--, Acts and Omissions -- .CONTRACTOR .................................. 6.9.1, 9.13.3 ENGINEER ........................y20,9.133 MiIMIER................................................... 6.20.8.9 Addenda --definition of (also see definition of Specifications) .......(1.6,1.10, 6.19). 1.1 Additional Property Insurance4 ................................. 5.7 Adjustments - Contract Price or Contract Timm .......................... 3.5, 3.5, 4A, 4.3.2, 4.5.2, ...................... 4.5.3. 9.4. 9.5. 10.2-10.4. ......................................... 11. 12...14.8. 15.1 progress schedule_...._....:...__......_......__........ Agreement.. definition o( ...................................................... 1.2 "All -Risk". Insurance, policy fbant ...........................5.6.2 Allowances, Cash ....... ......................................... _11.8 Amending Contract Document; ................................. 3.5 Amendment. Written.. in general ...... ___'J. 10, 1.45,35, 5. 10, 5. IZ 6 6.2 .......................... G,&2,6.19,10,1, 10.4,11.2 12.1, 13.112,14.7.2 Appeal. M CON'T'RACTO'R intent to . ............ ............ 10, 9.11, 10.4. 16.2. 16.5 Application for Paym ent-- definition of ...................................................... 1.3 ENGINEER!s Responsibility ............................... 9.9 final payment-_„__.........9.13.4, 9.13.5,14..121-14.15 in general ..........................2.8, 2.9, 5.6.4. 9.10. 15.5 progress payment ..... ... ......... ............ 14.1-14.7 review __144-14.7 Arbitration .............................. 16.1-16.6 Asbestos-. claims pursuant thereto ................. .......... 4..5.2,4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 .dcrmition AA Article or Paragraph Number OWNER responsibility for ............................. 4.5.1, 9,10 possible price and times change ....... ........ ....... 0.5.2 Authorized Variations in Work„...... 3.6. 6.25, 6.27, 9.5 Availability of Lands .............. 8.4 Award Notice of --defined ....................................... 1.25 Before Starting Constructiorl .............................. 2.5_2,8 Bid -.definition of., ....................... 1.5 (1-1, 1.10, 2.3, 3.3. ........................ 4.2.6.4, 6.13, 11.4.3, 11.0. 1) Bidding Documents -definition of Bidding Requiiernents:-delinitioni of ................................... L7 (I.1. 4.2.6.2) Bonds -- acceptance of ................................... ....... ......... 5.14 additional bonds 11.4.5.9 Cost of the Work 11.5.4 dermition o( ................................. ..................... 1.8 deliveryot ...................................................2.1.5.1 final Application for payment " '_ - -_ 14.12-14.14 general ...................................... J. 10, 5.1-5.3, 5.13, ............. I .................. 1_1119.13, 10.5,10.6 Performance, Payment and Other_.', ..... .... ... 5.1-5-2 Bonds and Insurance --in general .................................5 Builder's risk 'all-risk" policy form......_ .__..........5.6.2 Cancellation Provisions, Insurance........ 5.4.11, 5.8. 5.15 CashAlloasmwk ................................ ............... _.) 1.8 Certificate of Substantial Completion....... 138,6.30.2.3, ..................................................11.8.14.10 Certificates of Inspection_ ................. 9.13.4.13.5,14.12 Certificates of Imsurance............. 2�7,5.3,5.4,11. 5.4,13. .......................5.6.5, 5.8, 5,14, 9.13.4,14.12 Change in Contract Price Cash Allowances .............................................. 11.8 claim for prim adjustment,........... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ................... 9.5. 9.11, 10.2. 10.5. 112. 13.9. ....................... )3.13.13.14,14.7,15.1. 15.5 CONTRACTOTs fee _J1.6 Cost of the Work general ....................... ........................ 11.4-11.7 Exclusions to :..11.5 Cost Records.... _...............__ ....... ___ .............. 11.7 in general............. 1.19.1.44,9,11,10.4.2, 10.4.3. 11 Lump Sum Pricirig ......................................... 11.3.2 Notification of Surety .................. __ ................. 10.5 Scopeof .................................................... 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13,9 wdi)c(acNERAL coNrtrriom mo-s o990 ririrrroNi wt CITY or ropT COLLINS MODIFICATIONS MV 9t99) • Unit Prim Work.........._ .............................. 11.9 CONTRACTOR'SFcc-....-....-_............._..... _..._11.6 Article or Paragraph Article or Paragraph Number Number Value of Work ................................... ......... :..... 11.3 CONTRACTOR's liability.,.,,.,... 5.4. 6, 12, 6,16, 631 Change in Contract Times-- Cost of the Work ....................................... 11.4, 11.5 Claim for times adjustment.,,,,,,, A. 1, 4.2.6, 4.5, 5.15, Decisions on Dispute$:..............................9.11, 9.12 „-,,,-,,,,, 6.9.2, 9.4, 9.5. 9.11, 10.2, 10.5,. 12.1, Dispute Resolution............................................16.1 ,,,,,11,,,,,,,,13-9, 13:13, 13:14, 14.7. I5:1; IS:S Dispute Resolution Agreement,,;,,,,,,,,,,,,,,,,,16.1-16.6 Contractual time lim its..„,,,,,,,,,,, ,,,,;;;,,,,,,,,,,,,122 ENGINEER as initial interpreter .... :.................. 9.11 Delays beyond CONTRACTOR's Lump'Sum Pricing ....... ___ .......................... 11.3.2 control....:...................................... ........... 123 Notice of._-.--...-....... .. 173 Delays beyond OWNER'S and OWNER's...................9.4, 9.5, 9.11, 10:2, 11.2, 11.9 OONTRACTOR's control ............................ 12.4 ,,,,,...................12.1, 13.9, 13.13, 13.14, 17.3 Notification of surety.........................................105 OWNER's liability.............................................. 5.5 Scope of change,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, I ... 10.3-10.4 OWNER may refuse to make payment ................. 14.7 Change Orders-- Professional Fees and Court Costs Acceptance of Defective Work .................. _......13.13 Included ..... ....................... I ........ _._. __.,._-17.5 Amending Contract Documents ......................... 1.5 request for formal decision on,,,,,,,,,,,,,,,,,;, ....P.1 Cash Allowances , , , „ 318 Substitute Items,_, ...- .......... _„ ,6.7.1.2 Change of Contract Price ....................... ........ I I Time Extension.... ............................................. 12.1 Change of Contract Times .................................. 12 Time requirements;,,,,,............-,,,,,........... 9.11, 12.1 Changes in the Work.._._..........:..................._.:.10 Unit Price Work .......... :....................... :.......... 11.9.3 CONTRACTOR's fee........................................11.6 Value of.......................................... ......... ........ 11.3 Cost of the Work.......... ........................... 11.4-11.7 Waiver of ---on Final Pavmenl,,,,,,,........ 14.14, 14.15 Cast Records....................................................11.7 Work Change Directive ........ ...... ,....................... 10.2 definition o(...... ................................................. 1.9 written notice required ...................... 9.11, 11.2,12.1 emergencies....................................................0.23 Clarifications and Interpretations,........... 3.6.3, 9.47 9.11 ENGINEER's responsibility__,,,_, 9.8. 10.4.11.2. 12.1 Clean Site ..... ... ... _..._.:_.................. .. .............4. 17 execution of Codes of Technical Society, Organization ............................ Indemnificlion .........................0.12, .............,..)0.4 6.16. 6.31.6.33 or Association ...... ............................................ 3.3.3 • Insurance; Bonds and .............. 5.10, 5.13, 10.5 Commencement of Contract Times .... ,....... _.............. 2.3 OWNER may. teminate..............................15.2-15.4 Canmunications-- OWNER's Responsibility.............................$.6. 10.4 .general .............................................. 0.2, 6.9.2, 8.1 Physical Conditions- Hazard Communication Program§ ... ......... ...... ...622 Subsurface and .............................................. 4.2 Completion- - -Underground Facilities.............................4.3.2 Finn] Application for Payment .......................... 14.12 Record Documcnts....„............................. ........ Final Inspection._.__. .... :..... ..14M Scope of Change.......................................10.3-10.4 Final Payment and Acceptance............... j4.13-14.14 Substitutes ............................................. 6.7.3.6.8.2 Partial Utilization .... ....................................... 14.10 Unit Price Work .................... I .... .... I ... I .............. 11.9 Substantial Completion,,,,,,,,,,,,,-,,..... 138. 14.8-14.9 value of Work. covered by .................................. 11.3 Waiver of Claims............................................ J435 Changes in the Work ............ ..................................... 10 Computation of TGnes........................ ....... 17.2.1-17.2.2 Notification of surety .... ................................ _... 10.5 Concerning Subcontractors, Suppliers OWNER's and CONTRACTOR's ,and Others ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_ .......... 6.8fi.11 responsibilities ........................................... 10A Conferences -- Right to an adjustment ...................................... 10.2 initially acceptable schedule;,............................. 2.9 Scope of change ....................................... 10.3-10A preconstruciiort.................................................. 2,8 Claims- Conflict, Error, Ambiguity, Discrepancy - against CONTRACTOR .... ................ .......... _..6.16 CONTRACTOR to Report .............. ....... _.2.5, 3.3.2 against ENGINEER,;,,.,,,_ ............................... 6.32 Construction, before starling by against OWNER................................................632 CONTRACTOR ........ .................................... 25-2.7 Change of Contract Prim ...........................9A. I l.2 Construction Machinery, Equipment, etc ......... ........ 6.4 Change of Contract Times ..........................9.4, 12.1 Continuing the Work.,................................. _6,29, 10A CONTRACTOR's..... _...... 4. 7.1. 9.4. 9.5. 9.11. 10.2. Contract Documents - ...:.......................I LZ 11.9, 12.1. 13.9.. 14.8, Amending .......................................................... 3.5 .................. _........................ 15.1. 15.5, 17.3 Bonds .................................... .... .......... .... _..... 5.1 vi rucl7C mtwRAL CONDIT10N51910-a o990 Etimom) w/ CITY OF FORT COLLMS MOIARCATIONS OMV 9199) 0 11 is Cash Allowances .............................................. 11.8 Stop Work requirements ............... _ ........ 4.5.2 CONTRACTOR's- Article or Rilragraph Number Change of Contract Pricq .................................... I I Change of Contract Times_,,._.,..._.,,... .......... ..... 12 Changes in the Wo-6 ............ ..................... IOA-10.5 check and ver ify ..... ....................... I ............... 2.5 Clarifications; and Interpretations .... ............. 3.2, 16, 9.4. 9.11 definition of ......... ................ .....1.10 ENGINEER as initial interpreter of..,,,: ,. 9.11 Iii%lGFNEHR as OWNER's representative,,,,,,,,,,,,, 9.1 genem13 Insurance...........................................................5.3 Intent 3.1-3.4 minor variations in the Work ... ).i5 OWNER's responsibility to furnish data, .............. 8.3 OWNER's responsibility to make prompt payment ......................... . 8:3, 14.4, 14.13 precedence . ................................. ............. 3.1,3.3.3 Record Documents fil 19 Reference to Standards and Specifications of Technical Smiet)(14 3.3 Related Work .............. ........................ ; ............ 7.2 Reporting and Resolving Discrepancies.,,,,,,, 2.5, 33 Reuse of 33 Supplementing .................................................. 3.6 Termination of ENGINEER's Employment .......... 8.2 Unit Price Work ................................................119 variations.........................................3.6, 6.23, 6.27 Visits to Site, ENGINEFR!s ................................ 9.2 Contract Price - adjustment of ................. 3.5. 4.1, 9.4,10.3, 11.2-11.3 Change of ...:...........:...:..........:..............:....:.......I Decision M Disputes ................. :; .... - I .............9.11 definition of .....................................................1.11 Contract Tim".. adjustment ci(: ......................... 3.5, 4.1, 9.4. 10.3, 12 Change of .......... .............................. _ .... 12.1-12.4 Commencemenrof� ............................................. 2.3 definition of .....................................................1.12 CONTRACTOR - Acceptance of Insurance,,,,,,,,,,,,,,,,_._._....._....... 5.14 Communications ...................................... j5.2. 6.9.2 Continue Work coordination and scheduling ............................ 0,9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized _ ............. ......... ...... :4.2.2 May Stop Work or Terminate. ;.:.............15.5, provide site access to others -7-2, 131 Safety and Protection ................... .' 4.3.1,2, 6.166. 18. - --' ' "' 6.21-6.23. 7.2, 13.2 Shop Drawing ingard Sample Review Prior to Submittal ....................................... 0.2.5 vii Article or paragraph Number Compensation on .................. -11, 1 - 11.2 Continuing 61;�Hgiat-io--it�- - .. 14.15 Defective Work........... I ................ 13.10-13.14 Duty to Coerce , I defectim Work ..........................13.11 Duty to Rcmt-- Changes in the Work cooed by Emergency.:, ................ - ............. -.....fi�23 Defects in Work of dthers ............................... 7J Differing conditions ........................ 4.2.3 Discrepancy in Documents ........ 2.5, 3:3.2. 6.14.2 Underground Facilities not indicated.,,;,,,,,, 4*.3.2 Emergencies Equipment and Machinery Rental,' Cost of the Work 11.4.5.3 Fee -Cost Plus 11.4.5-6, 11.5A, 11.6 General Warranty and Guarantee .......................0.30 Hazard Comm mication Programs,,,,,,,,,;;,........ 0.22 Indemnification ......... - .............. 0. 12, 6,16. 63 1 -433 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment ....................6.345 Laws. and Regulations, Compliance by,,.,,,,..... 6.1.4.1 Liability Insurance ................. 1.1 ... -1- .... 11-1 ...... 5A Notice of Intent to Appeal ........................ :9.10, 10.4 obligation to perform and complete, theWork .................................................... 0:30 Potent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,, 0.12 Performance and Other Bonds.. ....... , for I� Permits, obtained and paid .......................4.13 Progress Schedule . .... _ .................. ;� 6, 2.8. 2.9, 66. I-.... .......... 1-1 ......... I ........... 6.29, 10.4. 15.11 Request for formal decisionon disputes ........ 9.11- Rc,sporisibilitics-- Changes in the Work____„_,_„_.___, ...... 10.1 Conceming Subcontractors, Suppliers and Others 6.8-6.11 Continuing the Work ............... .......... l5.29. 10.4 CONTRACTOR'sc;spcnsc...........................0.7.1 CONTRACTORs General Warranty and Guarantee.......................................6.30 CONTRACTORs review prior to Shop brewing or Sample submittal ... :_ ........... 6.25 Coordination or Work ................................ 6.9.2 Emergencies . .............................................. 6.23 ENGINEERs evaluation. Substitutes or'Or-Equal" Items ............................. 6-7.3 For Acts and Omissions of Others 8.9.1-6.9.2,9.13 for deductible am ounts,insurancr, ... ............. 5.9 general ......................................... 6. TZ 7.3, 8.9 Hazardous Communication Progr=4 ........... 6.22 Indemnification,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,, 6,31-6.33 F.JCDC OENEUL CONDITIONS 1910 -8 (1990 EDITION) W1 CITY OF FORT COLLINS MODIFICATIONS (REV 9" 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. • 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT' The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any • substitution, OWNER may award the contract to the next lowest responsive and Labor, Materials and Equipment.......,,6.3-6.5 CONTRACTORS --other-„ ......... __..._.................. ,._..? Laws and Regulation„ .......... ............. _,-.,.6.14 Contractual Liability Insurancq,_.,,_;;. - .................. ... @.4.10 Liability Insurance:„ ..................................... 5.4 Cmttrectuel Time Limits......................................... 12.2 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination-- Documents......................................._15.27 CONIRACTORs responsibility.,...................... 6.9.2 Patent Fees and Royalties ............................. 5.12 Copies of Documents............................................... 2.2 Permits ..................................... :............. ._.ti. 13 Correction Period ............. .-................ ................... 13,12 progress Schedule ............. ............................ 6.6 Correction. Removal or Acceptance Record Documents ,,,,,,,,,,,,,... ,............... ..... .:6.19 ofDefective Work— related Work performed prior to in general ................................... 10.4.1, 13.10-13.14 ENGINEERs approval of required Acceptance dDefective Work............................13.13 submittals,,,,,,,,,,,,,,,,,,,,_....................... 6.28 Correction or Removal of safe structural loading .... :........................... :6.18 Defective. Work ,6.30, 13.1.1 Safety and Protection,, ........... ...... 6.20. 7.2, 13.2 Correction Period............................................13.12 Safety Representative„_. _,_............. ..........6.21 W ONERMay Correct Defctve Work,,,,,,,.„_. 13.14 Scheduling the Work .................... I ............. 6.9.2 OWNER May Stop Work ......... ........................ 13.10 Shop Drawings and Samples,,,,,,,,,,,,_,,,,,,_„ 6.24 Cost - Shop Drawings and Samples Review of Tests and Inspection4.................................... 13.4 by ENGINEER .............. .................... .._6.26 Records 11.7 Site Cleanliness .............. .... _:..... I ..... .._.....:6.17 Cost of the Work-- Submittal Procedures ................................_ 6.25 Bonds and insurance, additional................... 11.4.5.9 Substitute Construction Methods Cash Discounts..............................................11 A2 and Procedures 6.7-2 CONTRACTOR's Fee ........................................ 11.6 - Substitutes and "Or- Equal' Items................0.7.1 Employee Expenses ...................................... 11.4.5.1 Superintendence...........................................0.2 Exclusions to: .................................................... 11.5 Supervision,.__................_..._.....................0.1 General 11.4,11.5 - SurvivalofObligations................................6.34 Home office and overhead expenses...................11.5 Taxes ................. ..................... ,15 Losses and damages................. ... 11.4.5.6 Tests and Inspections ...13.5 Materials and equipment„ ...._.-11.4.2 To Report, .................................................... 2.5 Minor expenses........................................... J 1.4.5:.8 Use of Premises 6.16-6.18, 6.30.2.4 Payroll costs on changes ................................. 11.4.1 Review Prior to Shop Drawing a performed by Subcontractors,,._.._ ................... 11.4.3 Sample Submittal ........................................ 6.25 Recordsl l.7 Right to adjustment for changes in the Work..... 10.2 Rentals of construction equipment right to claim._.,,_,,,,., 4, 7.1, 9.4, 9.5, 9.1 I, 10.2,11.2, and machinery,,,,,,,,,,,,,,_.__ .:... .............. 1 1.4.5:3 ,,,,,,,,,,11.9, 12.1. 13.9, 14.8, 15.1, 15.5; 17.3 Royalty payments, permits and Safety and Protection,,,,,,,,,,,,,,,,,, 6:20-6 22, 7 2, 13.2 license fees ;,,,,,,,,,,,,,,,,,,,,,,,,....... ........ ...,11A.5.5 Safety Representative........................................6.21 Site office and temporary facilities ._..............11.4.5.2 Shop Drawings and Samples Subm ittal.3... 6.24-6.28 Special Consultants, CONTRACTOR's„-,,,,,.... 11.4.4 Special Consultants. ....... ..... .......................... 11.4.4 Supplemental..... ... ....... .._.... ___ .................... 11.4.5 Substitute Construction Methods and Proccdures..6.7 Taxes related to the Work ............................ .1.4.5.4 Substitutes and "Or -Equal" Items, Tests and Inspection,,,,,,,,...._ ........................... 13.4 Expense .......................................... 0.7.1, 6.7.2 Trade Discounts..................-, .................. . ...... 11.4.2 Subcontractors, Suppliers and Others.......... 6.8-6.11 Utilities, fuel and sanitary facilities..............I 1.4.5.7 Supervision and Superintendence ......... 6.1, 6.2. &21 Work after regular hours ................................. 11.4.1 Taxes, Payment bg........................................... 6.15 Covering Work ............................................... 13.6-13.7 Use of Premises_,__,,._..............................6.16-6.18 Cumulative Remedies ............. .... ...._....... ..... 17.4-17.5 Warranties and guarantees ......................_..4;5, 6.30 Cutting, fitting and patching ,-,,,,,- ....... .................... 7.2 Warranty of Title .............................................. 14.3 Data, to be furnished by OWNER ....................... I..... N.3 Written Notice Required-- Day -definition of. ............................ CONTRACTOR stop Work or terminate......15.5 Decisions on Disputes, ............ ...................... 9.11, 9.12 Reports of Differing Subsurface defective --definition of ........ _.....................1.14 and Physical Conditions ........................4.2.3 defective Work -- Substantial Completion._.............................14.8 Acceptance of....................................... 10.4.1, 13.13 viii EICOC OENERa CONDITIONS 1910-3 (1990 iDMON) wi QTy OF FORT COMINS MODIFICATIONS (REV 9199) J 0 'Correction or Removal of ,,,10.4.1, 13.11 Correction Period 13.12 in general ......................................... 13,14.7. 14.11 Article or Paragraph Number Observation by ENGINEER :.............................. 9.2 OWNER May Stop Work .......... .............:..... .... 13.10 Prompt Notice of Defects.......... I ........................ 13.1 Rejecting......................::...................................9.6 Uncovering the Work ...... ._............................. 13.8 Definitions.:.........::....:...:......:..::.......:............1 Delays.....................................4.1, 6.29, 12.3.12.4 Delivery of Bonds ...... ........ ........................ ...:.......... 2.1 Delivery of eerlificates of insurance ............................z.7 Determinations for Unit Prices 9.10 Differing. Subsurface. or Physical Conditions - Notice of 4.2.3 ENGINFFR's Review ...;.. ,,,_....... 4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,, 1.2.6 Discrepancies -Reporting and Resolving._,_ ..... ...................... 2.5. 3.3.2, 6.14.2 Dispute Resolution- Agrecmenk........... ....::.............. ........... .....16.1-16.6 Arbitration 1&1-16.5 g5nera116 Mediation........................................................ 16.6 Dispute Resolution Agreement .................. _..... t6.1-16.6 Disputes, Decisions by ENOINF,ER................. 9.11-9.12 Documents -'- Copiesor...........................................................2.2 Rccard 6.19 Reuseof ....... ..................... ...:............................ 3.7 Drowings-=definition of,,,,,,,,,;,,,_.......... ....... ........ 1.15 Easements.....................................4.................I..... 4.1 Effective data of Agreement-- definition qf,........... 1.16 Emergencies --- _....................................... _..__...,_ 6.23 ENGINEER - as initial interpreter on disputes ...............9.11-9.12 definition of ....................... ...............................: 1.17 Limitations on authority and responsibilitiq*..... 9, 13 Replacementof ......... ........................ ........... ..... 8.2 .Resident Project Representative .......... ................ 9,3 ENGINEER'S Consaltanl -- defnitiwr of .... 4............. .I8 ENGINEER's-- authority and responsibility, limitations or) ........ 9a3 Authorized Variations in the Work„...................9.5 Change Orders, responsibility for....... 9.7, 1.0, It 12 Clarifications and Interpretations ..............3:6.3, 9.4 Decisions an Disputes ........................... .... 9.11-9.12 defective Work, notice of .................................. 13.1 Evaluation of Substitute Items ..........................6.7.3 Liability ................................................... 6:32, 9.12 Notice Work is Acceptable__.. .............. ....... .-14.13 Observations ...................... .............. 6.30.2, 9.2 OWNER's Representative., ..... ................... _9.1 Payments to the CONTRACTOR, Responsibilityfor.................................... 9.9. 14 Recommendation of Payment....................14 414.13 Article or Paragraph Number Responsibilities --Limitations ott................. 9. 11-9.13 Review of -Reports on Differing Subsurface and Physical Conditions ......:...................... 4.2.4 Shop Drawings and Samples, review responsibility.......: _...:...... .......:..........::..... . .26. Status During Construction-- authorized variations in the Work ,.... ...... __„9.5 Clarifications and Interpretations,,,,,,,,,,,,,,,„_.9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price.....................:9.10 ENGINEER as Initial Interpreter„-,,.,,_ 9.11-9.12 ENGINEERS Responsibilities,,,,,, ... , „9 1.9.12 Limitations on ENGINEER's Authority and Responsibilities..........................-:9.13 OWNER'S Representative .... .................. ;9.1 Project Representative ............. .._...... ... :.... ..., 9.3 Rejecting Defective Work ...........................,:9.6 Shop Drawings, Change Orders and Payments ..... ............................... 9.7-9.9 Visits to Site ..........................................._.... 9.2 Unit. Price determinations.,..._.........................:9.10 Visits to Site.....................__...................._...__,9.2 Written consent required,,,a-2; 9A Equipment, Labor, Materials and.,, .....................6.3.6.5 Equipment rental, Cast of the. Work,,,,,,,,,,,,,,,;,, 11.4.5.3 Equivalent Materials and Equipment .........................0.7 error of omissions.......:..........................................6.33 Evidence of Financial Arrangements._,,,,,,,,,,,,,,,,,,,,$.I1 ,Explorations of physical conditions ....... .- ... I ......... .2:1 Fec,'CONTRACTOR's--Costs Plus ...........................11.6 Field Order - definition of ..............................................._.... 1. 19 issued by ENGINEER. . . ....... ..................... 3.6.1, 9.5 Final Application.. for Payment........ .......... _ ...... ...14,12 Final Inspection ..........:........................................ 14.11 Final Payment - and Acceptance ..................................... 14.13-14.14 Nior to, for cash allovances...............................11.8 General Provisions ..................................... :.... 17.3-17.4 General Requirements-- detiilit ion bf.....................................................1.20 principal references to., .... _2.6. 6.4, 6.6-6.7, 6.24 Giving Notice _. 17.1 Guarantee of Work -by CONTRACTOR,,,,,,,; 6.30, 14.12 Hazard Communication Programs .................... .... 6.22 Hazardous Waste - definition of ..................................................... 1,21 general............................... _............................ 4.5 OWNER's responsibility for .............................. 8.10 EICDC GENERAL COMMONS 1910-8 (1990 EDITION/ wl CITY OF, FORT COLLINS MODIFICATIONS (REV IV99) Indemnification, ......................12, 6.16, 6.31-6.33 Initially Acceptable Schedules.... ..... ........ ....... _.29 Inspection -- Certificates of;-„„ ............................. 13.5. 14.12 Final.......................................................... 14.11 Article or Paragraph Number Special, required byENGINEER ......................... 9.6 Tests and Approval.............................$.7, 13.3-13.4 Insurance- Acccptance of, by OWNER.........................:.:...5.14 Additional, required by changes in the Work ............................................ 11.4.5.9 Before starting the Work....................................?.7 Bondsand--ingeneral..........................................5 Cancellation Provisions ............... ...................... 5.8 Certificates of._._-._,._„..,._2.7, 5,.5.3, 5.4,11. 5.4,13. ,,,,,,,,,,,,,,,,,,5.G5, 5.8, 5.14, 9.13.4, 14.12 completed operations,,,,,, 5A.13 CONTRACTOR'S Liability..................................5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .................. ._................5.4. 10 deductible amounts, CONTRACTOR's. responsibility................................................5.9 Final Application for Payment ......................... 14.12 Licensed Insurers ...............................................9.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace ................._......._...._........... 5.14 other special insurances ................................... 5.10 OWNER as fiduciary for insureds,;,,,,,,,,,,,, 5.12-5.13 OWNSR's Liability............................................5.5 OWNER's Responsibility .................................... 8.5 Partial Ulilimtion, Properly Insurance,,,,,,,,,,,,,,, 5.15 Property.....................................................5.6-5.10 Receipt and Application of Insurance - Proceeds..............................................5.12-5.13 Special Insurance .................... _ _........ ....... .... , 5.10 Waiver of Rights .............................................. 5. 11 Intent of Contract Document; ............................. 3.1-3.4 Interpretations and Clarifications,,,_................3.6.3 9A Investigations of physical conditlon4 ......................... 4.2 Labor, Materials and Equipment ...... .... ..... .........4.3-65 Lands -- and Easements...................................................SA Availability of ............................................. 1.1, SA Reports and Tests ............................................... SA Laws and Regulations --Laws or Regulations-- Bonds........................................................ 5.1-5.2 Changes in the Work ........ ...................... 16.4 Contract Documrnts.................... ..... I ....... I ... .-...3.1 CONTRACTOR's Responsibilities,,,,,_............ fi.14 Correction Period,defective Work;,,,,,,,,,,,,,,,,,,, 13.12 Cost of the Work taxes ............................... 11.4.5:4 definition of ............................ .._..._...............1.22 gencral6. 14 Indemnification_ .... ........... ................... 6.31fi:33 Insurance .......................................................... 5.3 Precedence.., ..... ........................... ...... 3.1, 3.3.3 Reference to....................................................1.3.1 Safety and Protection ............................... 6.20. 13.2 Subcontractors, Suppliers and Others,.,,,,,,,, 6.8-6.1I Article or Paragraph Number Tests and Inspections, ...... ........................... 13.5 Use of premises........:........................................6.16 Visits to Site........_..._........................................9.2 Liability Insurance-- CONTRACfORs............................................... 5A OWNER's................:........................................: 5.5 Licensed S_ ureties and Inswcrg................................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title .... ,_,,......... _14:3 Final Application for Paymcnt..........................14.12 definition of ..................................................... 1.23 Waiver of Claims ............................................ 14.15 Limitations on ENGINEER's authority and responsibilities ..................................................9.13 Limited Reliance by CONTRACTOR Authorized ...................................................... 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others)-- Precedence.................................................3.3.3.1 Reference to in Contract Documcn4..................3 3.1. Materials and equipment - furnished by CONTRACTOR...............................6.3 not incorporated in Work...................................14.2 Materials or equipment--cquivalen(...... ................. fi.7 Mediation (Optional) ......................... ....... ............. 16.7 Milestones --definition of._., ... .............................. 1.24 Miscellaneous -- Computation of Times ............ ....... _................... 17.2. Cumulative Remedies.. ...................................... 17.4 Giving Notice..........._.......................................17.1 Notice of Claim................................................17.3, Professional Fees and Court Costs Included ,........ l T5 Multi -prime contracts.__.............................._..._....._7 Not Shown or Indicated.........................................4.3 2 Notice of -- Acceptability of Project, I ........................ I ....... ,, 14.13 Award definition of ......................................... 1.25 Claim............................................................13.3 Defects,13.1 Differing Subsurface or Physical Conditions ...... 4.2.3 Giving............................................................1.7.1 Tests and Inspections ....................... :............. ... 13.3 Variation, Shop Drawing and Sample. .............. 0.27 Notice to Proceed - definition of.....................................................1.26 givingof ... ............. ............................................ 2.3 ructoc dNtRAL cominom 1910-8 (1990 EDITION) wl CITY OF FORT COLUNS MODIFICATIONS (RF-V 9199) 0 0 F i • 0 Notification to Surety, .... .... .................................... 10.5 Observations, by ENGINEER...........................6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR ............... 6.9, 9.13 Open Peril policy form,Insuranc4 ..........................5.6.2 Option to Rcpince..................... :.............................. 5.14 Article or Paragraph Number 'Or Equal' Items....._...............................................6.7 Other work 7 Overtime Work -.prohibition of_ ............................... 6.3 OWNER-- ... Acceptance ofdefeclive Work ......................... 13.13 appoint an ENGINEER. ..................................... 8.2 as fiduciary......... ...................................... 5.12-5.13 Availability. of Lands, responsibility .................... 4.1 definition of.....................................................1.27 data, furnish .... ...._._._......................................8.3 May Correct Defective Work...........................13.14 May refuse to make payment ............................ 14.7 May Slap the Work ......................................... 13.10 May Suspend Work, Terminate ...........................8.8, 13.10. 15.1-15.4 Payment, make prompt.....................8.3, 14.4, 14.13 performance of other work ................................. 7.1 permits and licenses, requirements.., ......... ....... 0.13 purchased insurance requiremenLI.....,,,,,_„ 5.6-5.10 OWNERs-- Acceptance of the Work:.............................0.30.2.5 Change Orders, obligation to execute,...,_.,,_ 8.6, 10.4 Communications ............................................... 8.1 ' Coordination of the Work.,,,._,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7.4 Disputes, request for decision,,,,,,,,,,,,,,,,,,,,,,,,,,„Q.11 Inspections, tests and approval;,,,,,,,,,,,,,,,,,,?.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative--Dwing Construction, ENGINEERS Status..... _................ _............. 9.1 Responsibilities-- AsbestOS,.PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders ............................................. 8.6 Changes in the Wort:...................................10.1 communications 8.1 CONTRACTORS respm3ibilitie;.................. 89 evidence of financial arrangemenls,;8.I] inspections, tests and approval* .................. 8.7 in surano k..................................................... 8.5 lands and easements ..................................... 8.4 Prompt payment by ....................................... 8.3 replacement of ENGINEER., ......................... ll.2 reports and tests ........................................... 8.4 .stop or suspend Work,,,,,,,,,,,,,,,,, 8.8, 13,10. 15.1 terminate CONTRACTORs services .......... ................................ 8.8. 15.2 separate representative at sitq.............................. 9.3 testing, independent ................... .._____......... 13.4 use or occupancy of the Work,,,,,,,,,,,,,,,,,,,,,,,,, 5.15,-6.30.2.4, 14.10 written consent or approval required ......................................... 9.1,.6.3. 11.4 EICDC OEM7tAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLINS MODMCATIONS (REV 9/99) Article or Paragraph Article or Paragraph • Number Number written notice retluired;.....:..........7.1. 9A. 9.11. .................................... 11.2, 11.9. 14.7. 15.4 PCBs-- dcfrnition of ..................................... I...............1.29 general.............................................................. 4.5 OWNER's responsibility for ............................... 8.10 Partial Utilization - definition of ......:................:............:.....::.:......: 1.28 general 6.30.2.4. 14.10 Property Insurance, .... ....._....... ....... ...........:..... 5.15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds .................................................. 5.1-5.2 Payments, Recommendation of,,,,,,,,,,,,,, 14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPayments ........ ..............)4.2 CONTRAC OR's Warranty of Title .......... ___._14.3 Final Application for Payment, ......................... 14A2 Final Inspection .............................................. 14.11 Final Payment and Acceptance ............... 14.13-14.14 general........................................................ 8.3. 14 Partial Utilization..,,..,,,,._ ............................. 14.10 Retainage..................... ....................14.2 Review of Applications for Progress Payments ............................... 14:4-14.7 prompt payment..................................................8.3 Schedule of Values ............................................ 14.1 Substantial Completion .............................. Waiver of Claims ........................................... 14.15 when payments due- ............................. 14.4, 14.13 withholding payment..._ ................................... 14.7 Pcrfmmance Bonds............................................5.1-5.2 Permits............................................................6.13 Petroleum -- definition of.....................................................1.30 general..............................................................4.5 OWNE•R's responsibility for .............................. 8.10 Physical Conditions -- Drawings of in a relating to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEF.R's review... ........... ......................... 4.2.4 existing structures .......... ._........_......_ ............. 4.2.2 general4.2.1.2......................................................... Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments..............4.2:6 Reports and Drawings ..................................... 4.11 Subsurface and ............. .. ...... .............................. 4.2 Subsurface Conditions ,... ................ .......... 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized 4:2.2 Underground Facilities - general........................................................ 4.3 Not Shown a Indicded_...- ..................I... 4.3.2 Protection of ....................................... 4.3, 6.20 sii Shown or Indicated ............................................... 4.3.1 Technical Date..........._..................................4-2;2 Preconstruction Conference .................................. .... .8 Preliminary Matters .................................................... 2 Preliminary Schedulq..............................................2.6 Premises, Use of ............................................. 6.16-6. 18 Price, Changa of Contract- ..................................... J 1 Price, -Contract --definition of,,;,,,;..... -,,,,,,,,,,,,,,,,,,, 1.11 Progress Payment, Applications for ............ .......... _. 14.2 Progress Paymcnt--retainagc.. ................................ -14.2 Progress schedule, CONTRACTOR's,,,,,,,,,, 2.6,.Z.R, 2.9, ................................. 6.6. 6.29, 10.4, 15.2.1 Project -definition of .............................................. 1.31 Project Representative-. ENGINEER's Status During Construction......._.. 9.3 Project Representative. Resident -definition of....,,.,-, 1.33 prompt payment by OWNF.R..................................... 8.3 Property Insurance-- Additional.........................................................5.7 genera15.6-5.I0 Partial Utilization...............................5.15, 14.10.2 receipi and application of proccedg,,,,,,, .... 5,12.5.13 Protection, Safety and..............................6.20-6.21; 13.2 Punchlist..........................................................f4.11 Radioactive Material-- defintion of ..................................................... 1.32 general4.5 . . - OWNER's responsibility For .............................. 8.10 Recommendation of Paymen4................14•4, 14.5, 14.13 Record Documents _. 6A9, 14.12 Records, procedures for maintaining .........................2.8 Reference Points.......................................................4.4 Reference to Standards and$peeifications of Technical Societies.........................................3.3 Regulations, Laws and(or)...................................... 6.14 Rejecting Defective Work. _.._........ ................._..__. 9.6 Related Work -- atSite ............................. ........................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals rcvicw.................... 6.28 Remedies, cumulative ..................................... 17.4. 17.5 Removal or Correction ofDefective Work...............13.11 rental agreem MIS, OWNER approval required .... 11.4.5.3 replacement of ENGINEER, by,OWNER.............:......8.2 . Reporting and Resolving Discrepancicg................................ 2.5, 3.3.2, 6.14.2 Reports -- and Drawings, ........ .. ............ ___- 4.2.1 and Tests, OWNER's responsibility ..................... 8A Resident and Project Representative -- definition of ................... .�............................... 1,33 provision for.............................................................9.3 ElC17C aiimmAL wN Tiotis 1910-s (im EmnoM w/ CITY OF FORT COLLMS MODIFICATIONS (REV 9199) U 0 0 Article or Paragraph Number Resident Superintendent. CONTRACTOR $ ............... 62 Responsibilities- CONTRACTORs-in general ..................................6 ENGINEERS -in general., ... - .... - ......... ................ 9 urnitations on .............. .......................... i9.13 OV,?IMR!s-in general ... ................. I ....... I .............. ..... 8 Retainage... ................ ......... .......................... 14.1 Reuse of Daum ants,,,,, : 1 7 Review by CONTRACTOR: Shop Drawings and Samples Prior to, Submittal ........... : ......... :_:t5.25 Review of Applications for Progress Nymcints .. ' ...... ***'** ........... 14.4-14.7 *' Right to an adjustment ..................................... 10.2 Rights of Way__............................................ 4.1 Royalties, Pat ent Fees and,,,,,,,, ; .............................. 6.12 ' Safe Structural ]"cling_ _--6.18 Safety - and Protection ............... ........ 4.3.2. 6.16, 6,18, 6.20-6.21, 7.2. 13.2 .general .................................... ...... 0,20-6.23 Representative, CONTRACTORs ... ................ _0.21 Samples - definition of ...................................................... 1.34 general ... _ .............................................. 6.24-6.28 Review by CONTRACTOR .................... 6.25 Review by ENGINEER, ............... ............. 0.26,6,27 related Work ............................................... G.28 submittal of :...044.2 submittal procedurq .........................................0.25 Schedule of progress., ........................... 2.6. 2.8-2.5, 6.6, ........................ :fi.N, .Dmwing 10.4. 15.2.1 Schedule or��o-p'-and Sample 30brnitt-a13 .............................. 2.6.2.8-2,9, 624-6.28 Schedule of Values,.,_,.,: ...... ................ 2.6-2.8-29,14.1 Schedules - Adherence to 15.2.1 Adjusting ............................ _ . .................... I ..... §A Change of Contract Timq ........................ _,,....10.4 Initially Acceptable ..................................... 2.8, 2.9 Preliminary..................................... .................... 2.6 scope o-rChang cs...................................... . 103-10.4 Subsurface Conditions Shop Drawings - and Samples, general ........... ..................... 6.24-6.28 Change Orders S., Applications for Payments, and, ......... ---- .............. - --- 9.7-9.9 definition of ......................................................1.35 ENGINEER's approval of ................................ 3.6.2 ENGINEER's responsibility for revie)K ............. ...................... 9.7,6,24-6.28 related Work .....................................................0.28 review procedures ............................... 2.8, 6.24428 Article or Paragraph Number submittal required ............................................... 624.1 Submittal Procedures ..................... ................... 6.25 use to approve substitutions .............................. . 6313 She" or Indicated 4.33 Site Access, . ....... ............ ................. .............. 7.2. 13.2 Site Cleanlineiq....... .............. ........ : ...................... 0,17 Site, Visits to= by ENGINEER ............................. ............. 9.2. 13.2 by others:._..:..._._. ................ ....... 11 ....... 2 .Special causes of loss" policy , farm, insurance ................ : ............... ...... I .........5-6.2 definition or ............. .............. ............ 136 Specifications- defination of ... ................................... ............ 1.36 of Technical Societies, reference to 3.3.1 precedence ........................... .......... ................. 3.3.3 Standards and Specifications of Technical Societies ....................... ............ 3.3 Starting Construction, Before ............................... z.5-2.8 Starting the Work ... ....... ............... ....... ......... Stop or Suspend Work. by CONTRACTOR;. ............ 11 ........................... 15.5 by OWNER....,.._ ................... 13.10,15.1 Storage of materials and equipment ..................... 4.1.7.2 Structural Loading, Safety ....................................... 618 Subcontractor- Concerni . ng ................................................ 6.8-16.11 definition or .................................................... 1.37 delays.............. ..................... ____ ................. 12.3 waiver of rights ................................................ 0,11 Subcontractors -in genera................................. 6.8-6.11 Subcontracts -required provisions.:..._., 5.11. 6.11, 1143 Subm ittils- - Applications for Payment .......................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures- ....................................................6.25 Progress Schedules ......................... ........... :2.6, 2.9 Samples .................................................. ........... 6.24-6.28 Schedule or values ...................... ............. 2,6, 14.1 Schedule of Shop Drawings and Samples Submissions ......................................2.6, 2.8-2.9 Shop Drawing; ............... I.............. Substantial Completion-- certificationof_.......................... 0.30,23, 14.8-14.9 definition of J.38 Substitute Construction Methods or Procedures,,.,,,, 67.2 Substitutes and "Or Equal" Items ..... .......... 6.7 CONTRACTOR!s Expcnsq ......... ....... .......... 0.7.1.3 ENGINEER's Evaluation 673 "Or -Equal" .................................. ............ 0.7.1.1 Substitute Construction Methods HJCDC CENMAL COMMONS 1910.8 (1990 EDITION) w/ CTTY OF FORT COLUM MODISCATIOM OMV 9199) Article or Paragraph Number or Procedures ............................................. 15.7.2 Substitute Items ............................................ 6.7.1.2 Subsurface and Physical Conditions— Drawings of, in or relathg to ......................... 1.2.1:2 -ENGINEER's Review ...................... ............... 4.2.4 general...............................................................4.2 Limited Reliance by CONTRACTOR Authorized ................................................. 4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 24.2.3 Physical Conditions., ..................... ............... 4.2. 12 Possible Contract Documents Change ............... 4.2.5 Possible Price andTimes Adjustments..............4.2.6 Reports and Drawings, 4.2.1 Subsurface and, .......... ; ........................ ..............1.2 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,,,4.2.1.1 Technical Data ......... ......... ......4.22 Supervision— CONTRACTOR's responsibility__,. _._.................6.1 OWNER shall not supervise ................................ 8.9 F,NGINF.ER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9.13.2 Superintendence .......... ._.........................................2 t5.2 Superintendent, CONTRACTOR's residcnt...............0 2 Supplemental costs, ............................................. 11.4.5 Supplementary Conditions -- definition of ......._ ............................................ 1.39 principal references lq................. 1.10, L 18, 2.2, 17, ........... _„_,_... ,4,.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ................ 5.11, 6.8, 6.13, 7.4, 8.11, 9.3. 9. 10 Supplementing Contract Documentg......................... 3.6 Supplier -- definition of.....................................................1.40 principal references tq,.;,,,,,... 3,7,6.5; 6.8-6.11,.6.20, ........ ............................. .__:6.24, 9.13, 14.12 Waiver of Rights, . ............. ............................... 0.11 Surety -- consent to frtal payment ..... ........... ........ )4.12, 14A4 ENGINEER has no duty tq ................... _........... 9.13 Notification ot................................. 10.1. 10.5. 15.2 qualification of............................................5.1-5.3 Survival of Obligations ,,,,,,,, ......... ...................... •,,, 6.34 Suspend Work OWNER May .......................13.10, 15.1 Suspension of Work and Termination- ......................15 CONTRACTOR May Stop Work or Term inate.......................... ...................._15.5 OWNER May Suspend Work. ,.... _._____ ......... 15.1 OWNER May Terminat5............................15.2-15.4 Taxes --Payment by CONTRACTOR ....................... 0.15 Technical Data -- Limited Reliance by CONTRACTOR................1.2.2 Possible Priceand Times Adjustments .............. 4.2:6 Reports of Differing Subsurface and Physical Conditions ................................... 4.2.3 xiv Tern porary construction facilities ............................. 5.1 Article or Paragraph Number Term ination- by CONTRACTOR ......... ...._....................... .... 15.5 by OWNER .......................................: 8:8. 15.1-15.4 of ENGINEERs employment...............................6.2 Suspension of Work-in general ............................. 15 Terms and Adjectives ................................... :.:..:..... 3.4 Tests and Inspections -- Access to the Work by others .......... ..::............. 13.2 CONTRACTOR's responsibilities ...................... I3.5 cost of 13.4 covering Work prior to ..............................13.6-13.7 Laws and Regulations'(or)................................ 13.5 Notice of Defects...............................................13.1 OWNER May. Stop Work:.................._•-•._,...-.13.10 OWNER's independent testing .......................... 13.4 special, required by ENGINEER_.......................:9.6 timely notice required, ........ ,. ............. 13.4 Uncovering the Weak, at ENGINEER's request ................... _..................... ...... 13.8-13.9 Times -- Adjusting......................... :........................... ......¢.6 Change of Contract........... ...................... ...... ....12 Computation of ............................................... 17.2 Contract Times --definition of ........................... 1.12 day. ..................... _......................,.........17.2.2 Milestones.............................................. _ ..... ) 2 Requirements— appeals.......... ......... .................... .......... 9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Times ................2.3 Preconstruction Conference ...........................7 8 schedules ......................................... 22 6. 2.9. 6.6 Starting the Work....__.................................2.4 Title, Warranty of . ...................................... ............. 14.3 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions - definition of .................................................... 1.41 Not Shown a Indicated ................................... 4.3.2 protection of_ ............. _................ _.......... .3,6.20 Shown or Indicated.........................................4.3.1 Unit Rice Work- claims.........................................................).1,9.3 definition o(....................................................1.42 generall 1.9. 14.1. 14.5 Unit Prices-- generall1.3.1 Determination for ............................................ 9.10 Use of Premises ................ I........... I... 6,16. 6 18, 6.30.2.4 Utility owners .............................¢. 13. 6.20, 7.1-7.3, 13.2 Utilization, Partial ...................1.28, 5.15, 6.30.2.4. 14.10 Value of the Work .................................................. 11.3 Values, Schedule of .......... ................... 2.6. 2.8-2.9. 14.1 E1CDC GENFR.AL CONTNTIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) • 0 Variations in Work --Minor Authprizcd... :..:..,__.<......:.....:......:.... 6.25, 6,27, 9.5 Article or paragraph Number Visits to Site --by ENGINEER :................................... 9.2 Waiver of Claims --on Final payment,,,,,,,,,,,,,,,,,,,„ 14.15 Waiver of Rights by insured partics..................$,l 1, 6.11 Warranty and Guarantee, General --by CONTRACTOR..............................................:.0, 30 Warranty of Title, CONTRACFORs ......................:..14.3 Work-- Access to 13.2 byothers .................................................... ..:........ 7 Changes in the ...................................................: 10 Continuing the ............ ..................................... 0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of .................................................... 7.4 Cost of the .................:..............................11.4-11.5 definition of ..................................................... 143 neglected by COhTTRACTOR,,,;,,,,,,,,,,,,,,,*,,,,,,..l114 otherWork...........................................................:7 OWNER May Stop Work ......... :....................... 13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site ..................................... 7.1-7.3 Startingthe....................:..:................................24 Stopping by CONTRACTOR ............................. 1.5.5 Stopping by OWNER_ ..... I ..... I........ 15.1-15.4 Variation and deviation authorized minor ....... ....3.6 Work Change Directive — claims pursuant to,...................................... 10.2 definition of„_„_......;.. .,.. ..,_.,.; 1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of_ __ ............... 1.45 - principal references to,,,,,,,,,,,,,, 1.10, 3.5, 5.10,15.12, ........................6:6.2, 6.8.2, 6.19, 10.1, 10.4, .. ...._..._..__........... I L2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Intcrpretations................................... 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR.............................7.1, 9.10-9.11,. ........................................... 10.4. 11.2. 12A by OWNfiR...:......_..._._ 9,10-9,11, 10.4, 11.2, 13.14 xv 0 E1CDC GENERAL CONDITIONS 191M (1990 EDInON) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) xvi 11 (This page left blank intentionally) • EICDC GENERAL CONDITIONS 1910-80M EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (PEV 9l99) 0 C7 L_J 0 GENERAL CONDMONS ARTICLE 1-DEFINITIONS Wherever used in these General Conditions or in the other 'Contract Documents the following terms have the meahingis indicated which are applicable to both the singular and pluralthercof: 1.1. Ad&nda--Written or graphic instruments issued prior totheopening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. Agiven+ent—The written contract between OWNER and CONTRACTOR covering the Work to be performed other Contract Documents are attached to the Agreement .andmade a part thereof as provided therein. 1.3. A��pplioation for Paymeni—The form accepted by ENGINF7?R which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentationasis required by the Contract Documents. 1.4, Asbestos --Arty material that contains more than one Percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the. United States Occupational Safety and Health Administration. 1.5. Bid-7he,offer or proposal of the bidder submitted at the prescribed forth settingforth the prices for the Wore: to be performed. 1A Bidding DocnenenL�-The advertisement or invitation to Bid instructions to bidders, the Bid form, and .the proposed Contract Documents (including all Addeitda issued prior to receipt of Bids). 1.7. Bidd* Requirements --The 'advertisement or invitation to Bid vis�omarors io bidders. and the Bid form. I.S. Bards —Performance and Payment bonds and other insruments of security: 1.9. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER end authwiiu an addition. deletion or rovisicn in the Work, or an adjustment in the Contract Price a the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contmct Donanents—The Agreement. Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including decumemation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an .exhibit to the Agreement,. the Notice to proceed, the. Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the FKDCOENERAI, C0M1 n0M 19108(1990 Edlion) RICITY OF FORT C01,11143 MODIFICATIONS Qt N V2000) same are more specifically identified in the Apgeemem together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to pamgmphs3.5, 3.6.1 and 3.6.3'in or after the Effective Date of the, Agreement. Shop Drawing 'suhmitmLs approved pursuant: to paragraphs 6,26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER"to CONTRACTOR for completion of the -Work in accordance with the Contract Comments asstated in the Agreement (subject to the provisions of paragraph 11.911 in the rose of Unit Price Work), 1.12. Conrad Times —The numbers of days or the dates stated in the Agreement:.(i) to achieve Substantial Completion, and (ih)to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13, 1.13. CON7RAC70R--The person, firm a corporation with whom OWNER has entered into the Agreement. 1.14. &f ctfve—An adjective which when modifying the word Workrefers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payyment (unless responsibility for the protection thereof hasbccit assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10). 1.15. Drawings --The drawings which show the scope, crtent and character of -the Weak to be furnished and performed by CONTRACTOR and which have been .prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. . 1.16, Effective, Date of the Agmettient—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sigh and deliver. 1.17. ENGINEER —Tau person, frm or corporation rnmed as such in the Agreement. 1.18. ENGINEER's Cansalram--A person, firm or corporation having a =tmet with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions.' 1.19. Field Order —A written order. issued by ENGINEER which orders minor changes in the Work in accordance with paragrapphh 9.5 but which does not involve e change in the Contract or the Contract Times.